TF 

84-7 


UC-NRLF 


1915 


Queensboro  Subway 
Storm  Drain 


PUBLIC   SERVICE   COMMISSION 
FOR  THE  FIRST  DISTRICT 


INVITATION  TO  CONTRACTORS,  INFORMATION 
FOR  CONTRACTORS  AND  FORMS  OF 
CONTRACT,  BOND  AND  CON- 
TRACTOR'S PROPOSAL 

FOR 

Construction  of  a  Storm  Drain  for  the 

QUEENSBORO  SUBWAY 
RAPID   TRANSIT  RAILROAD 


Form  finally  adopted  by   the   Commission   October  1,  1915,  and   filed    on   Com- 
mencement of  Advertisement  of  Invitation  to  Contractors. 

L1573-500-Scpt.  '15.     (L.  I.) 


PUBLIC    SERVICE    COMMISSION 
FOR  THE  FIRST  DISTRICT 


INVITATION  TO  CONTRACTORS,  INFORMATION 
FOR  CONTRACTORS  AND  FORMS  OF 
CONTRACT,  BOND  AND  CON- 
TRACTOR'S PROPOSAL 

FOR 

Construction  of  a  Storm  Drain  for  the 
QUEENSBORO   SUBWAY 

RAPID   TRANSIT   RAILROAD 


TRAVIS  H.  WHITNEY 


If/JT 


TABLE  OF  CONTENTS 


INVITATION  TO  CONTRACTORS I 

INFORMATION  FOR  CONTRACTORS   Ill 

CONTRACT 1 

CHAPTER  I — GENERAL  PROVISIONS  AND  DEFINITIONS  3 

CHAPTER  II — WORK  TO  BE  DONE,  PRICES,  ETC 8 

CHAPTER  III — SPECIFICATIONS 20 

CHAPTER  IV — SECURITY  TO  BE  FURNISHED  BY  CON- 
TRACTOR       68 

CHAPTER  V — PAYMENTS  TO  CONTRACTOR 74 

CHAPTER  VI — CONTRACTOR'S    LIABILITY    FOR    IN- 
JURIES  TO    PERSONS   OR   PROPERTY 79 

CHAPTER     VII — CITY     TO     SECURE     CONTRACTOR 

AGAINST    INTERFERENCE    BY    INJUNCTIONS,    ETC.     82 

CHAPTER  VIII — TIME  FOR  COMPLETION,  DAMAGES 

FOR  DELAY,  ETC 83 

CHAPTER  IX — REMEDIES  IN  CASE  OF  CONTRACTOR'S 
DEFAULT  : 87 

CHAPTER  X — MISCELLANEOUS  PROVISIONS 90 

FORM  OF  CONTRACTOR'S  BOND 97 

FORM  OF  CONTRACTOR'S  PROPOSAL.  . .  101 


M259759 


INVITATION  TO  CONTRACTORS 

STORM  DRAIN  FOR  THE  QUEENSBORO  SUBWAY  RAPID  TRANSIT 

RAILROAD 

Sealed  bids  or  proposals  for  the  construction  of  a  storm 
drain  for  the  Queensboro  Subway  Rapid  Transit  Railroad  will 
be  received  by  the  Public  Service  Commission  for  the  First  Dis- 
trict (hereinafter  called  the  "Commission")  at  the  office  of  the 
Commission  at  No.  154  Nassau  Street,  Borough  of  Manhattan, 
New  York  City,  until  the  19th  day  of  October,  1915,  at  twelve 
fifteen  (12:15)  o'clock  P.  M.,  at  which  time  and  place  or  at  a 
later  date  to  be  fixed  by  the  Commission,  the  proposals  wilt  be 
publicly  opened. 

The  said  storm  drain  is  to  be  a  vitrified  pipe  drain  with  man- 
holes and  connections  at  intervals,  extending  under  Queens 
Boulevard,  in  the  Borough  of  Queens,  from  the  west  abutment 
of  the  Queensboro  Subway  Rapid  Transit  Railroad,  between  Hill 
and  Rawson  Streets,  to  the  east  abutment  of  said  railroad,  be- 
tween Carolin  Street  and  Gosman  Avenue. 

The  work  to  be  done  will  include  the  care  and  support  of 
surface,  subsurface  and  overhead  structures,  the  maintenance 
of  traffic  and  the  restoration  of  street  surfaces. 

The  method  of  construction  will  be  generally  by  open  trench 
excavation. 

The  contractor  must  complete  the  entire  work  within  three 
months  from  the  delivery  of  the  contract. 

A  fuller  description  of  the  work  and  other  requirements, 
provisions  and  specifications  are  given  in  the  Information  for 
Contractors  and  in  the  form  of  contract,  contract  drawings, 
bond  and  Contractor's  Proposal,  which  are  to  be  deemed  a  part 
of  this  Invitation  and  copies  of  which  may  be  inspected  and 
purchased  at  said  office  of  the  Commission. 

i 


INVITATION      TO     CONTRACTORS 

The  receipt  of  bids  will  be  subject  to  the  requirements  speci- 
fied in  said  Information  for  Contractors. 

New  York,  October  1,  1915. 

PUBLIC   SERVICE   COMMISSION   FOR  THE   FIRST   DISTRICT 

By  EDWARD  E.  McCAix,  Chairman 

TRAVIS  H.  WHITNEY,  Secretary 


INFORMATION  FOR  CONTRACTORS 

STORM  DRAIN  FOR  THE  QUEENSBORO  SUBWAY  RAPID  TRANSIT 

RAILROAD 

The  Public  Service  Commission  for  the  First  District  (here- 
inafter called  the  "Commission"),  acting  for  and  on  behalf  of 
The  City  of  New  York  (hereinafter  called  the  "City"),  invites 
proposals  to  construct  a  storm  drain  for  the  Queensboro  Sub- 
way Rapid  Transit  Railroad. 

The  points  within  the  City  between  which  the  said  storm 
drain  is  to  run  and  the  route  or  routes  to  be  followed  are  briefly 
as  follows : 

Beginning  under  the  west  abutment  of  the  Queensboro  Sub- 
way Rapid  Transit  Railroad  in  Queens  Boulevard,  in  the  Bor- 
ough of  Queens,  between  Hill  and  Rawson  Streets,  and  ex- 
tending thence  easterly  under  Queens  Boulevard  to  the  east 
abutment  of  said  railroad  between  Carolin  Street  and  Gosman 
Avenue. 

The  general  plan  of  construction  calls  for  a  vitrified  pipe 
drain  with  manholes  and  connections  at  intervals. 

The  work  under  the  contract  will  include  the  care  and  sup- 
port of  vaults,  sewers,  pipes,  railroads  and  other  surface,  sub- 
surface and  overhead  structures,  the  maintenance  of  traffic  and 
the  restoration  of  pavements  and  other  surfaces. 

The  method  of  construction  will  be  generally  by  open  trench 
excavation. 

Bidders  must  examine  the  form  of  contract  and  the  speci- 
fications and  contract  drawings,  must  visit  the  location  of  the 
work  and  inform  themselves  of  the  conditions  along  the  line 
of  the  work  and  make  their  own  estimates  of  the  facilities  and 
difficulties  attending  the  execution  of  the  work. 

A  fuller  description  of  the  work  and  other  requirements, 
provisions,  details  and  specifications  are  given  in  the  form  of 

III 


INFORMATION     FOR    CONTRACTORS 

contract  and  in  the  contract  drawings  therein  referred  to.  Copies 
of  the  forms  of  contract,  bond  and  contractor's  proposal  and 
of  the  contract  drawings  may  be  inspected  and  purchased  at  the 
office  of  the  Commission.  The  forms  of  contract,  bond  and  con- 
tractor's proposal  and  the  contract  drawings  are  to  be  deemed  a 
part  of  this  Information  for  Contractors. 

Partial  payments  to  the  Contractor  will  be  made  as  the  work 
proceeds,  as  provided  in  the  contract. 

The  Contractor  must  complete  the  entire  work  within  three 
(3)  months  from  the  delivery  of  the  contract. 

At  the  time  of  the  delivery  of  the  contract  the  Contractor 
must  furnish  security  to  the  City  by  depositing  a  bond,  cash 
or  securities,  in  the  sum  of  three  thousand  dollars  ($3,000). 
As  further  security  ten  per  centum  (10%)  of  the  amounts  cer- 
tified from  time  to  time  to  be  due  to  the  Contractor  will  be 
deducted. 

Sealed  bids  or  proposals  will  be  received  at  the  office  of 
the  Commission  at  No.  154  Nassau  Street,  Borough  of  Man- 
hattan, City  of  New  York,  until  the  igth  day  of  October, 
1915,  at  twelve  fifteen  (12:15)  o'clock  pL  m.,  at  which  time 
and  place,  or  at  a  later  date  to  be  fixed  by  the  Commission, 
the  proposals  will  be  publicly  opened. 

Proposals  must  be  in  the  form  prescribed  by  the  Commission. 

A  statement,  based  upon  the  estimate  of  the  Chief  Engineer 
of  the  Commission,  of  the  quantities  of  the  various  classes  of 
the  work  and  of  the  nature  and  extent  as  near  as  practicable  of 
the  work  is  to  be  found  in  the  schedule  in  the  form  of  contractor's 
proposal.  The  quantities  given  in  such  schedule  are  approximate 
only,  being  given  as  a  basis  for  the  uniform  comparison  of  bids, 
and  no  claim  is  to  be  made  against  the  City  on  account  of  any 
excess  or  deficiency,  absolute  or  relative,  in  the  same  except  as 
provided  in  the  specifications  and  form  of  contract. 

Every  proposal  must  when  submitted  be  enclosed  in  a  sealed 
envelope  endorsed  "Proposal  for  Constructing  Storm  Drain  for 
Queensboro  Subway  Rapid  Transit  Railroad"  and  must  be  de- 
livered to  the  Commission  or  its  Secretary;  and  in  the  presence 

IV 


INFORMATION     FOR    CONTRACTORS 

of  the  person  submitting  the  proposal,  it  will  be  deposited  in  a 
sealed  box  in  which  all  proposals  will  be  deposited.  No  proposal 
will  be  received  unless  accompanied  by  a  separate  certified  check 
for  one  thousand  dollars  ($1,000)  payable  to  the  order  of  the 
Comptroller  of  the  City  and  drawn  upon  a  national  or  state  bank 
or  trust  company  satisfactory  to  the  Commission  and  having  its 
principal  office  in  New  York  City.  Such  check  must  not  be  en- 
closed in  the  envelope  containing  the  proposal. 

The  Unit  Prices  must  not  be  improperly  balanced,  and  any 
bid  which  the  Commission  considers  detrimental  to  the  City's 
interests  may  be  rejected. 

No  proposal,  after  it  shall  have  been  deposited  with  the 
Commission,  will  be  allowed  to  be  withdrawn  for  any  reason 
whatever. 

The  award  of  the  contract  will  be  made  by  the  Commission 
as  soon  as  practicable  after  the  opening  of  the  proposals. 

Deposits  made  by  bidders  whose  proposals  are  not  accepted 
will  be  returned  within  three  (3)  days  after  the  contract  is  ex- 
ecuted and  delivered  and  its  provisions  in  respect  of  the  bond  or 
deposit  are  complied  with,  unless  all  proposals  shall  be  rejected, 
in  which  event  such  deposits  will  be  returned  within  three  (3) 
days  after  such  rejection.  The  deposit  of  the  successful  bidder 
will  be  returned  when  the  contract  is  executed  and  delivered  and 
its  provisions  in  respect  of  the  bond  or  deposit  are  complied  with. 

The  right  to  reject  any  and  all  bids  is  reserved. 


New  York,  October  1,  1915 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT 

By  EDWARD  E.  McCAix,  Chairman 

TRAVIS  H.  WHITNEY,  Secretary 


Public  Service  Commission 


For  the  First  District 


CONTRACT 

FOR  THE  CONSTRUCTION  OF  A  STORM   DRAIN 

FOR  THE  QUEENSBORO  SUBWAY 

RAPID  TRANSIT  RAILROAD 


APPROVED  AS  TO  FORM  THIS     DAY  OF 


,  1915 


ACTING  CORPORATION  COUNSEL 


STORM  DRAIN 


CONTRACT 

STORM  DRAIN — QUEENSBORO  SUBWAY  RAPID  TRANSIT  RAILROAD 

Agreement  made  this  day  of  ,  1915, 

between  THE  CITY  OF  NEW  YORK,  hereinafter  called  the  City, 
acting  by  the  PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DIS- 
TRICT, hereinafter  called  the  Commission,  party  of  the  first  part, 
and 


hereinafter  called  the  Contractor,  part  *         of  the  second  part. 

WHEREAS  the  Commission  in  behalf  of  the  City  by  due  adver- 
tisement, pursuant  to  law,  has  invited  contractors  to  submit  to  the 
Commission  proposals  for  making  this  contract ;  and 

WHEREAS  the  Contractor  has  thereupon  duly  submitted  to  the 
Commission  a  proposal,  which  has  been  accepted;  and 

WHEREAS  the  Board  of  Estimate  and  Apportionment  of  the 
City  has  consented  to  this  contract ; 

Now,  THEREFORE,  in  consideration  of  the  mutual  covenants 
and  agreements  hereinafter  contained,  and  under  the  authority 

*  Here  insert  y  or  ies  as  the  case  may  be. 

1 


of  chapter  4  of  the  laws  of  1891  entitled  "An  Act  to  provide 
for  Rapid  Transit  Railways  in  Cities  of  over  One  Million  In- 
habitants," and  of  the  various  acts  amending  the  same,  the  parties 
do  hereby,  the  City  for  itself  and  its  successors,  and  the  Con- 
tractor for  f 


and  assigns, 
Agree  each  with  the  other  as  follows : 


t  Here  insert,  if  a  corporation,  itself,  its  successors;  if  a  single  indi- 
vidual, himself,  his  executors,  administrators;  if  several  individuals, 
themselves  jointly  and  severally,  and  their  and  each  of  their  executors, 
administrators. 


CHAPTER   I 
GENERAL  PROVISIONS  AND  DEFINITIONS 

ARTICLE  I.  The  Contractor  agrees  to  construct  the  storm 
drain  hereinafter  described,  with  its  appurtenances.  The  City 
agrees  to  pay  the  Contractor  the  sums  of  money  hereinafter  men- 
tioned at  the  times  and  in  the  manner  and  upon  the  terms  and 
conditions  hereinafter  set  forth. 

ARTICLE  II.  The  storm  drain  to  be  constructed  under  this 
contract  is  for  the  Queensboro  Subway  (Steinway  Tunnel)  Rapid 
Transit  Railroad  as  described  in  the  contract  dated  March  19, 
1913,  known  as  Contract  No.  3,  between  the  City  and  Inter- 
borough  Rapid  Transit  Company  for  additional  rapid  transit 
railroads.  The  location  of  the  storm  drain  to  be  constructed 
under  this  contract  is  as  follows : 

Beginning  under  the  west  abutment  of  the  Queensboro  Sub- 
way Rapid  Transit  Railroad  in  Queens  Boulevard,  in  the  Bor- 
ough of  Queens,  between  Hill  and  Rawson  Streets,  and  extend- 
ing thence  easterly  under  Queens  Boulevard  to  the  east  abut- 
ment of  said  railroad  between  Carolin  Street  and  Gosman  Avenue. 

The  location,  dimensions  and  other  characteristics  of  the  storm 
drain  are  given  in  the  specifications  forming  a  part  of  this  con- 
tract and  in  the  contract  drawings  hereinafter  mentioned. 

ARTICLE  III.  This  contract  is  made  pursuant  to  the  Rapid 
Transit  Act,  which  is  to  be  deemed  a  part  hereof  as  if  it  were 
incorporated  herein. 

ARTICLE  IV.  Titles,  headings,  subheadings  and  running  head- 
lines, tables  of  contents  and  indices  are  printed  hereon  merely  for 
convenience  and  shall  not  be  deemed  to  be  any  part  of  this  con- 
tract for  any  purpose  whatever. 


GENERAL     PROVISIONS     AND     DEFINITIONS 

ARTICLE  V.  The  following  words  and  expressions  used  in 
this  contract  shall,  except  where  by  the  context  it  is  clear  that 
another  meaning  is  intended,  be  construed  as  follows : 

(1)  The  word  "City"  to  mean  The  City  of  New  York  and 
any  other  corporation  or  division  of  government  to  which  the 
ownership,  rights,  powers  and  privileges  of  The  City  of  New 
York  under  the  Rapid  Transit  Act  shall  hereafter  come,  belong 
or  appertain. 

(2)  The  word   "Commission"   to  mean  the   Public   Service 
Commission  for  the  First  District  and  any  other  board,  body, 
commission,  official  or  officials  to  which  or  to  whom  the  powers 
now  belonging  to  the  said  Commission  in  respect  of  the  location, 
construction,  equipment,  maintenance  and  operation  of  rapid  tran- 
sit railroads  under  the  provisions  of  the  Rapid  Transit  Act  shall, 
by  virtue  of  any  act  or  acts,  hereafter  pass  or  be  held  to  ap- 
pertain. 

(3)  The  word   "Contractor"  to  mean  the  part*         of  the 
second  part  to  this  contract  and  f 

and  assigns  and 

any  and  every  person  or  corporation  who  or  which  shall  at 
any  time  be  liable  in  the  place  or  for  the  part  of 

the  second  part  to  perform  any  obligations  under  this  contract 
assumed  by  the  said  part  of  the  second  part.  For  con- 

venience the  Contractor  is  hereinafter  referred  to  as  if  the  Con- 
tractor were  an  individual.  The  word  "he"  shall,  as  the  sense 
may  require,  include  "she,"  "it"  and  "they" ;  the  word  "him" 
shall  include  "her,"  "it"  and  "them";  and  the  word  "his"  shall 
include  "her,"  "its"  and  "their." 

(4)  The  word  "Comptroller"   to  mean   the  Comptroller  of 
the  City  and  the  officer  or  board  to  whom  or  to  which  his  powers 

*  Here  and  in  like  blanks  hereafter  insert  y  or  ies,  as  the  case  may 
be. 

t  Here  insert,  as  the  case  may  be,  either  its  successors  or  his  c.vccn- 

tors,  administrators,  or  their  executors,  administrators. 


GENERAL     PROVISIONS     AND     DEFINITIONS 

now  existing  under  the  Rapid  Transit  Act  shall  come  to  ap- 
pertain. 

(5)  The  word  "Engineer"  to  mean  the  Chief  Engineer  of 
the  Commission  or  his  duly  authorized  representative  and  any 
successor  or  successors  duly  appointed  or  any  deputy  or  substi- 
tute for  him  who  shall  be  appointed  by  the  Commission  or  by  its 
authority. 

(6)  The  word  "Inspector"  to  mean  any  representative  of  the 
Engineer  designated  by  him  to  act  as  inspector. 

(7)  The  words  "Rapid  Transit  Act"  to  mean  chapter  4  of 
the  laws  of  1891  as  amended  by  chapters  102  and  556  of  the  laws 
of  1892,  chapters  528  and  752  of  the  laws  of  1894,  chapter  519 
of  the  laws  of  1895,  chapter  729  of  the  laws  of  1896,  chapter  616 
of  the  laws  of  1900,  chapter  587  of  the  laws  of  1901,  chapters 
533,  542,  544  and  584  of  the  laws  of  1902,  chapters  562  and  564 
of  the  laws  of  1904,  chapters  599  and  631  of  the  laws  of  1905, 
chapters  472,  606  and  607  of  the  laws  of  1906,  chapters  429  and 
534  of  the  laws  of  1907,  chapter  472  of  the  laws  of  1908,  chapter 
498  of  the  laws  of  1909,  chapters  205,  504,  505  and  506  of  the 
laws  of  1910,  chapter  888  of  the  laws  of  1911,  chapter  226  of  the 
laws  of  1912,  chapters  100,  510,  524  and  540  of  the  laws  of  1913, 
chapter  118  of  the  laws  of  1914  and  chapters  534,  544,  545,  590 
and  604  of  the  laws  of  1915,  or  as  heretofore  otherwise  amended. 

(8)  The  words   "Storm  Drain"   to   mean   the  storm   drain 
which  the  Contractor  agrees  by  this  contract  to  build,  together 
with  all  appurtenances  thereto  which  are  to  be  constructed  or 
provided  by  the  Contractor. 

(9)  The  word  "Works"  to  mean  all  the  matters  and  things 
herein  agreed  to  be  furnished  or  done  by  or  on  the  part  of  the 
Contractor. 

(10)  The  words  "New  York"  to   mean  the  City  of   New 
York  according  to  its  boundaries  at  the  date  of  this  contract. 


GENERAL     PROVISIONS     AND     DEFINITIONS 

(11)  The  words  "daily  newspaper"  to  mean  any  paper  regu- 
larly published  in  New  York  on  every  day  or  every  day  except 
Sundays  and  holidays. 

(12)  The  word  "notice"  to  mean  a  written  notice. 

(13)  The    words   "directed,"   "required,"   "permitted,"    "or- 
dered," "designated,"  "prescribed"  or  words  of  like  import  used 
in  the  specifications  or  upon  the  drawings  to  mean,  respectively, 
the  direction,  requirement,  permission,  order,  designation  or  pre- 
scription of  the  Engineer,  and  similarly  the  words  "approved," 
"acceptable,"  "satisfactory"  or  words  of  like  import  to  mean  re- 
spectively, approved  by,  or  acceptable  or  satisfactory  to,  the  En- 
gineer. 

(14)  The  word  "ton"  to  mean  the  short  ton  of  two  thousand 
(2,000)  pounds. 

(15)  The  words  "existing  structure"  to  mean  all  parts  of  the 
Queensboro  Subway  Rapid  Transit  Railroad  in  place  at  the  date 
of  the  delivery  of  this  contract  or  installed  thereafter  by  other 
contractors,  the  Interborough  Rapid  Transit  Company  or  per- 
sons or  firms  employed  by  the  Commission. 

ARTICLE   VI.      The     Contractor     hereby     designates     Room 
No.  on  the  floor  of  the  build- 

ing No.  in  the  Borough  of 

in  the  City  of  New  York  as  the  place  where 
all  notices,  directions  and  other  communications  to  the  Contractor 
may  be  served,  mailed  or  delivered.  The  delivering  at  the  afore- 
said place  or  depositing  in  a  post-paid  wrapper  directed  to  the 
aforesaid  place  in  any  post-office  box  regularly  maintained  by 
the  Post-office  Department,  of  any  notice,  direction  or  other  com- 
munication to  the  Contractor  shall  be  deemed  to  be  sufficient 
service  thereof  upon  the  Contractor  as  of  the  date  of  such  de- 
livery or  deposit.  Such  address  may  be  changed  at  any  time  by 
an  instrument  in  writing  executed  and  acknowledged  by  the  Con- 
tractor and  delivered  to  the  Commission.  Nothing  herein  con- 


GENERAL     PROVISIONS     AND     DEFINITIONS 

tained  shall  be  deemed  to  preclude  or  render  inoperative  the  ser- 
vice of  any  notice,  direction  or  other  communication  upon  the 
Contractor  personally  or,  if  the  Contractor  be  a  corporation,  upon 
any  officer  or  director  thereof. 

ARTICLE  VII.  If  the  Contractor  shall  cause  any  part  of 
this  contract  to  be  performed  by  a  sub-contractor,  the  provisions 
of  this  contract  shall  apply  to  such  sub-contractor  and  his  officers, 
agents  and  employees  in  all  respects  as  if  he  and  they  were  em- 
ployees of  the  Contractor;  and  the  Contractor  shall  not  be  in 
any  manner  thereby  discharged  from  his  obligations  and  liabili- 
ties hereunder,  but  shall  be  liable  hereunder  for  all  acts  and  negli- 
gence of  the  sub-contractor,  his  officers,  agents  and  employees  as 
if  they  were  employees  of  the  Contractor.  The  employees  of  the 
sub-contractor  shall  be  subject  to  the  same  provisions  hereof  as 
employees  of  the  Contractor;  and  the  work  and  materials  fur- 
nished by  the  sub-contractor  shall  be  subject  to  the  provisions 
hereof  as  if  furnished  directly  by  the  Contractor. 

ARTICLE  VIII.  The  Contractor,  before  making  any  subcon- 
tract of  the  work,  shall  state  in  writing  to  the  Commission  the 
name  of  the  proposed  sub-contractor,  the  portion  of  the  work 
which  such  sub-contractor  is  to  do  or  the  materials  which  such 
sub-contractor  is  to  furnish,  the  place  of  business  of  such  sub- 
contractor and  such  other  information  as  the  Commission  may 
require.  The  Commission  shall  have  the  right  to  require  the 
Contractor  not  to  award  any  sub-contract  to  a  person,  firm  or 
corporation  disapproved  by  the  Commission. 


CHAPTER   II 
WORK   TO   BE   DONE,   PRICES,   ETC. 

ARTICLE  IX.  The  Contractor  shall  furnish  all  the  labor  and 
materials,  plant,  power,  tools,  supplies  and  other  means  of  con- 
struction necessary  or  proper  for  constructing  and  completing 
ihe  Storm  Drain  and  performing  all  the  work  which  the  Con- 
tractor agrees  by  this  contract  to  perform  in  the  manner  and 
within  the  time  hereinafter  specified.  He  shall  complete  the 
Storm  Drain  and  do  all  work  and  furnish  all  labor  and  ma- 
terials in  and  about  the  construction  of  the  Storm  Drain  to  the 
satisfaction  of  the  Commission  and  in  accordance  with  this  con- 
tract and  the  specifications  and  drawings  herein  mentioned  at  the 
prices  herein  agreed  upon  and  fixed  therefor ;  provided,  however, 
that  said  drawings  may  from  time  to  time  be  altered  or  modified 
as  hereinafter  provided. 

ARTICLE  X.  In  order  to  construct  the  Storm  Drain  it  will 
be  necessary  to  take  up  and  relay  the  sidewalk  and  roadway 
pavement  or  other  surface  material  and  to  protect,  support  and 
maintain  all  structures,  including  their  foundations,  and  all  sur- 
face and  elevated  railroads,  monuments,  sewers,  water  mains, 
gas  pipes,  electric  subways,  poles  and  wires,  vaults,  including 
vaults  of  abutting  property,  and  other  surface,  subsurface  and 
overhead  structures  with  their  appurtenances  and  connections  as 
the  same  may  be  met  along  the  route;  to  move,  alter,  readjust 
or  rebuild  sewers,  water  mains,  gas  pipes,  electric  subways, 
poles  and  wires,  vaults,  including  vaults  of  abutting  property,  and 
other  surface,  subsurface  and  overhead  structures  with  their  ap- 
purtenances and  connections ;  and  to  do  all  such  additional  and 
incidental  work  as  may  be  necessary  for  the  completion  of  the 
Storm  Drain  and  the  reconstruction  and  restoration  of  the  street 
pavements  and  other  surfaces  and  of  all  surface,  subsurface 
and  overhead  structures  and  of  all  abutting  property  which  may 
have  been  directly  or  indirectly  affected,  disturbed  or  injured 

8 


WORK   TO  BE   DONE,   PRICES,   ETC. 

by  the  Contractor  in  the  progress  of  the  work  of  construction 
to  as  useful,  safe,  durable  and  good  a  condition  as  existed  be- 
fore construction  was  begun.  All  such  work  of  every  descrip- 
tion, including  the  maintaining,  protecting  and  securing  wher- 
ever necessary  of  all  structures  of  whatsoever  nature,  monu- 
ments and  surface  and  elevated  railroads  affected  by  or  interfered 
with  during  the  construction  of  the  Storm  Drain,  is  part  of  the 
work  which  is  included  in  this  contract  and  which  the  Contractor 
agrees  to  perform  for  the  prices  herein  agreed  upon. 

ARTICLE  XL  The  City  will  pay  and  the  Contractor  shall  re- 
ceive, in  full  compensation  for  constructing  and  completing  the 
Storm  Drain  (including  all  incidental  work)  and  for  performing 
and  completing  the  Works  and  for  all  expense  in  connection 
therewith  or  incidental  thereto,  including  the  furnishing  of  all  la- 
bor, materials,  plant,  power,  tools,  supplies  and  other  means  of 
construction  and  including  administration,  superintendence  and 
insurance,  and  for  all  loss  or  damage  arising  out  of  the  nature 
of  the  work  aforesaid  or  from  the  action  of  the  elements  or  from 
any  unforeseen  obstruction  or  difficulty  encountered  in  the  prose- 
cution of  the  work,  and  for  all  risks  of  any  description  connected 
with  the  work,  and  for  all  expenses  incurred  by  or  in  conse- 
quence of  the  suspension  or  discontinuance  of  the  work  as  herein 
specified,  the  prices  contained  in  the  Schedule  of  Unit  Prices 
following. 


SCHEDULE  OF  UNIT  PRICES 

Item  2-A.    For  earth  excavation  both  above  and  below  mean 
high  water,  including  the  disposal  of  it,  etc.,  the  sum  of 

dollars   ($  )   per  cubic 

yard. 

Item  3-A.     For  rock  excavation,  including  the  disposal  of  it, 
etc.,  the  sum  of  dollars 

($  )  per  cubic  yard. 

Item  6.     For  concrete  masonry,  in  place,  the  sum  of 

dollars  ($  ) 

per  cubic  yard. 

Item  13.     For  timber  foundations,  placed  and  fastened,  the 
sum  of  dollars   ($  ) 

per  thousand  feet,  board  measure. 

Item  14.     For  broken  stone  or  gravel,  in  place,  other  than  that 
used  in  concrete,  the  sum  of 
dollars  ($  )  per  cubic  yard. 

Item  17.     For  vitrified  'or  cast-iron  drain  pipe,  in  place,  as 
follows  : 

(a)  For  twelve    (12)    inch   vitrified   pipe,    the   sum   of 

dollars  ($  ) 

per  lineal  foot. 

(b)  For  ten  (10)  inch  vitrified  pipe,  the  sum  of 

dollars  ($  ) 

per  lineal  foot. 

(c)  For  eight  (8)  inch  vitrified  pipe,  the  sum  of 

dollars  ($  ) 

per  lineal  foot. 

(d)  For  six  (6)  inch  vitrified  pipe,  the  sum  of 

dollars  ($  ) 

per  lineal  foot. 

10 


SCHEDULE   OF    UNIT    PRICES 

(/)   For  fifteen  (15)  inch  vitrified  pipe,  the  sum  of 

dollars  ($  ) 

per  lineal  foot. 

Item  17- A.     For  cast-iron  pipe  and  fittings,  including  specials, 
"extra  heavy,"  in  place,  as  follows: 

(c)   For  six  (6)  inch,  the  sum  of 

dollars    ($  )    per   lineal   foot. 

(/)   For  twelve   (12)   inch,  the  sum  of 

dollars    ($  )    per   lineal   foot. 

Item  21.     For  steel  rods  and  bars  built  in  concrete,  the  sum 
of  dollars  ($  ) 

per  ton. 

Item  25.     For  miscellaneous  iron  castings  such  as  manhole 
heads  and  covers,  gratings,  etc.,  in  place,  the  sum  of 

dollars  ($  ) 

per  ton. 

Item  30.     For  street  surface  restored,  as  follows : 

(h)   For  all  surfaces  of  whatever  character,  as  required 
by  Section  No.  139,  the  sum  of 

dollars  ($  ) 

per  square  yard. 

(0)   For  restoring  old  curb,  as  required  by  Section  No. 
139,  the  sum  of 

dollars   ($  ) 

per  lineal  foot. 


11 


QUANTITIES 

ARTICLE  XII.  In  case  any  work  or  materials  shall  be  re- 
quired to  be  done  or  furnished  in  or  about  the  Works  which 
it  is  elsewhere  in  this  contract  expressly  provided  shall  be  paid 
for  under  this  Article,  or  in  case  any  work  or  materials  shall 
be  required  to  be  done  or  furnished  in  or  about  the  Works 
which  are  not  contemplated,  mentioned,  specified  or  indicated 
or  otherwise  provided  for  in  this  contract  or  in  the  specifica- 
tions forming  a  part  of  this  contract  or  in  or  upon  the  con- 
tract drawings  and  which  in  the  opinion  of  the  Engineer  are 
not  susceptible  of  classification  under  the  Items  of  the  Schedule 
of  Unit  Prices,  the  Contractor  shall  if  ordered  by  the  Engineer 
do  and  perform  such  work  and  furnish  such  materials  at  and  for 
the  actual  and  necessary  net  cost  in  money  to  the  Contractor 
for  labor,  for  insurance  upon  such  labor  under  the  Workmen's 
Compensation  Law  and  for  materials  incorporated  in  the  work 
and  in  addition  thereto  ten  per  centum  (10%)  of  such  net  cost, 
and  the  Contractor  shall  have  no  claim  in  excess  of  the  above, 
such  payment  being  in  full  compensation  for  the  performance 
of  such  work  and  the  furnishing  of  such  materials  and  for  all 
expense  in  connection  therewith  or  incidental  thereto,  as  afore- 
said, including  the  expense  of  plant,  power,  tools,  supplies  and 
other  means  of  construction,  administration,  superintendence 
and  insurance,  and  for  all  the  loss,  damage,  risks  and  expenses 
hereinbefore  in  Article  XI  mentioned.  The  amount  of  the  in- 
surance upon  such  labor  under  the  Workmen's  Compensation 
Law  shall  be  determined  by  the  amount  of  the  wages  actually 
and  necessarily  paid  for  such  labor  and  the  rate  of  insurance 
for  such  labor  either  in  the  State  Insurance  Fund  or  in  any 
stock  corporation  or  mutual  association  authorized  to  transact 
the  business  of  workmen's  compensation  insurance  in  New 
York  State,  as  the  case  may  be.  If  the  Contractor  shall  not 
have  insured  either  in  such  State  Insurance  Fund  or  in  any 
such  stock  corporation  or  mutual  association,  the  rate  allowed 
will  be  the  rate  which  he  would  have  been  required  to  pay  for 
such  insurance  in  the  State  Insurance  Fund  had  he  insured 

12 


QUANTITIES 

therein.  Payment  shall  not  be  made  under  this  Article  for 
any  such  work  or  materials  which  are  so  required  to  be  done 
or  furnished  in  or  about  the  Works  and  which  are  not  con- 
templated, mentioned,  specified  or  indicated  or  otherwise 
provided  for  in  this  contract  or  in  the  specifications  forming 
a  part  of  this  contract  or  in  or  upon  the  contract  drawings 
so  far  as  such  work  or  materials  may  be,  in  the  opinion  of 
the  Engineer,  susceptible  of  classification  under  the  Items  of 
the  Schedule  of  Unit  Prices,  which  work  or  materials  shall  be 
paid  for  in  part  or  in  whole,  as  the  case  may  be,  at  the 
unit  prices  given  in  the  Items  of  the  Schedule. 

In  case  any  work  or  materials  shall  be  required  to  be  done 
or  furnished  under  the  provisions  of  this  Article,  for  cost 
plus  ten  per  centum  (10%),  the  Contractor  shall  at  the  end 
of  each  day  furnish  to  the  Engineer  daily  time  slips  showing 
the  name  and  number  of  each  workman  employed  on  such  work, 
the  number  of  hours  employed  thereon,  the  character  of  work 
he  is  doing  and  the  wages  paid  or  to  be  paid  to  him  and  also 
a  daily  memorandum  of  such  materials  furnished,  showing  the 
amount  and  character  of  such  materials,  from  whom  purchased 
and  the  amount  paid  or  to  be  paid  therefor.  If  required  by 
the  Engineer  or  the  Commission,  the  Contractor  shall  produce 
any  books,  vouchers,  records  and  memoranda  showing  the 
labor  and  materials  actually  paid  for  and  the  actual  prices 
therefor.  Such  daily  time  slips  and  memoranda  shall  not, 
however,  be  binding  upon  the  City  and  if  any  question  or 
dispute  shall  arise  as  to  the  correct  cost  of  such  labor  or  ma- 
terials the  determination  of  the  Engineer  upon  such  question  or 
dispute  shall  be  final  and  conclusive. 


ARTICLE  XIII.  The  quantities  of  the  various  classes  of 
work  to  be  done  and  materials  to  be  furnished  under  this 
contract  specified  in  the  Contractor's  Proposal  are  approximate 
and  only  for  the  purpose  of  comparing  on  a  uniform  basis  the 
bids  offered  for  the  Works ;  and  neither  the  City  nor  the  Com- 
mission nor  any  member  of  the  Commission  is  to  be  held  re- 
sponsible that  any  of  the  said  estimated  quantities  shall  be 

13 


DRAWINGS    MAY   BE   CHANGED 

found  even  approximately  correct  in  the  construction  of  the 
Works;  and  the  Contractor  shall  make  no  claim  for  damages 
or  for  anticipated  profit  or  for  loss  of  profit  because  of  a  dif- 
ference between  the  quantities  of  the  various  classes  of  work 
actually  done  or  materials  actually  delivered  and  the  estimated 
quantities  of  items  stated  in  the  Contractor's  Proposal  or  because 
of  the  entire  omission  of  any  of  the  quantities  of  items  stated 
in  the  Contractor's  Proposal. 


ARTICLE  XIV.  The  Commission  shall  have  the  right,  during 
the  progress  of  the  work,  to  amplify  the  drawings,  to  add  ex- 
planatory specifications  and  to  furnish  additional  specifications 
and  drawings. 

ARTICLE  XV.  The  Commission  further  reserves  the  right 
to  alter,  in  any  way  it  may  deem  necessary  for  the  public  in- 
terests, the  drawings  aforesaid,  in  part  or  altogether,  at  any 
time  during  the  progress  of  the  work,  without  constituting 
grounds  for  any  claim  by  the  Contractor  for  payment  or  allow- 
ance for  damages  or  extra  service  other  than  is  provided  for 
items  of  the  different  classes  of  construction  under  the  Items 
of  the  Schedule  or  in  Article  XII. 


ARTICLE  XVI.  The  Contractor  shall  complete  the  entire 
work  to  the  satisfaction  of  the  Commission  and  in  accord- 
ance with  the  specifications  and  contract  drawings  and  ac- 
cording to  the  other  provisions  of  this  contract  and  within 
the  time  specified  in  this  contract  in  the  most  workmanlike 
manner  and  with  the  highest  regard  to  the  safety  of  life  and 
property  and  according  to  the  lines,  levels  and  directions  given 
by  the  Engineer. 

ARTICLE  XVII.  The  Contractor  shall  furnish  of  the  best 
description  all  labor  and  materials,  plant,  tools,  supplies  and 
other  means  of  construction  necessary  to  construct  and  put  in 

14 


INSPECTION 


complete  working  order  all  work  covered  by  the  specifications, 
contract  drawings  and  provisions  of  this  contract,  including  all 
additional  specifications,  drawings  and  details  issued  or  re- 
quired as  herein  provided. 


ARTICLE  XVIII.  The  Contractor  hereby  represents  that 
prior  to  the  execution  of  this  contract  he  has  examined  in  de- 
tail on  the  ground  the  location  mentioned  herein  and  indicated 
on  the  contract  drawings  and  that  he  has  fully  examined  the 
contract  drawings  and  has  read  each  and  every  clause  and 
section  of  this  contract  and  of  the  specifications  and  has  had 
full  opportunity  to  consider  the  same  and  make  necessary  in- 
vestigations relating  thereto;  and  he  shall  not  make  any  claim 
for,  or  have  any  right  to,  damages  or  an  extension  of  time  for 
completion  of  the  Works  or  any  other  concession  because  of 
any  misinterpretation  or  misunderstanding  of  this  contract  or 
of  the  specifications  or  of  the  contract  drawings  or  because  of 
any  lack  of  information. 


ARTICLE  XIX.  No  acceptance  of  any  part  of  the  Works  or 
of  materials  therefor  shall  relieve  the  Contractor  of  his  ob- 
ligation to  furnish  sound  material  and  perform  sound  work, 
whether  with  respect  to  such  part  or  to  any  other  part  of  the 
Works. 


ARTICLE  XX.  The  Commission  contemplates,  and  the  Con- 
tractor hereby  approves,  the  most  thorough  and  minute  inspec- 
tion by  the  Commission  and  its  Engineer  and  by  their  rep- 
resentatives or  subordinates  of  all  work  and  materials  and  of 
the  manufacture  or  preparation  of  such  materials  from  the  be- 
ginning of  construction  to  the  final  completion  of  the  Works. 
It  is  the  intention  of  the  Commission  that  its  Engineer  shall 
draw  the  attention  of  the  Contractor  to  all  defects  in  work- 
manship or  materials  or  other  errors  or  variations  from  the 
requirements  of  this  contract.  But  no  omission  on  the  part 
of  the  Commission  or  its  Engineer  or  any  officer,  member  or 

15 


INSPECTION 

subordinate  of  the  Commission  to  point  out  such  defects,  errors 
or  variations  shall  give  the  Contractor  any  right  or  claim 
against  the  City  or  shall  in  any  way  relieve  the  Contractor 
from  his  obligations  according  to  the  terms  of  this  contract. 

ARTICLE  XXI.  The  Contractor  shall  at  all  times  give  to 
the  Commission  and  its  members,  to  the  Engineer  and  his  as- 
sistants and  subordinates  and  to  any  person  designated  by 
the  Commission  or  its  Chairman  all  facilities,  whether  neces- 
sary or  convenient,  for  inspecting  the  materials  to  be  furnished 
and  the  work  to  be  done  under  this  contract.  The  members  of 
the  Commission,  the  Engineer  and  all  employees  of  the  Com- 
mission bearing  his  authorization  or  the  authorization  of  the 
Commission  or  its  Chairman  shall  be  admitted  at  any  time  sum- 
marily and  without  delay  to  any  part  of  the  Works  or  to  in- 
spection of  materials  at  any  place  or  stage  of  their  manufacture, 
preparation,  shipment  or  delivery. 

ARTICLE  XXII.  The  Engineer  shall  be  furnished  with  every 
reasonable  facility  for  ascertaining  whether  the  work  is  in 
accordance  with  the  requirements  and  intention  of  this  con- 
tract, even  to  the  extent  of  uncovering  or  taking  down  por- 
tions of  finished  work.  Should  the  work  thus  exposed  or  ex- 
amined prove  satisfactory,  the  uncovering  or  taking  down  and 
the  replacing  of  the  covering  or  the  making  good  of  the  parts 
removed  will  be  paid  for  at  the  contract  prices  for  the  class 
of  work  done;  but  should  the  work  exposed  or  examined  prove 
unsatisfactory,  such  uncovering,  taking  down,  replacing  and 
making  good  shall  be  at  the  expense  of  the  Contractor. 

ARTICLE  XXIII.  The  inspection  of  the  work  shall  not 
relieve  the  Contractor  of  any  of  his  obligations  to  fulfill  this 
contract  as  herein  prescribed,  and  defective  work  shall  be 
made  good  and  unsuitable  materials  will  be  rejected  notwith- 
standing that  such  work  and  materials  have  been  accepted  or 
estimated  for  payment.  If  the  work  or  any  part  thereof 

16 


ENGINEER   TO  DETERMINE 

shall  be  found  defective  before  the  final  acceptance  of  the 
whole  work,  the  Contractor  shall  at  his  own  expense  forthwith 
make  good  such  defect  in  a  manner  satisfactory  to  the  Engi- 
neer, and  if  any  material  brought  upon  the  ground  for  use  in 
the  work  or  selected  for  the  same  shall  be  condemned  by  the 
Engineer  as  unsuitable  or  not  in  conformity  with  the  specifi- 
cations, the  Contractor  shall  at  his  own  expense  forthwith  re- 
move such  material. 

ARTICLE  XXIV.  To  prevent  disputes  and  litigations,  the 
Engineer  shall  in  all  cases  determine  the  classification,  amount, 
quality,  acceptability  and  fitness  of  the  several  kinds  of  work 
and  materials  which  are  to  be  paid  for  under  this  contract, 
shall  determine  every  question  in  relation  to  the  Works  and 
the  construction  thereof  and  shall  determine  every  question 
which  may  arise  relative  to  the  fulfillment  of  this  contract  on 
the  part  of  the  Contractor.  His  determination  and  estimate 
shall  be  final  and  conclusive  upon  the  Contractor,  and  in  case 
any  question  touching  this  contract  shall  arise  between  the 
parties  hereto,  such  determination  and  estimate  shall  be  a  con- 
dition precedent  to  the  right  of  the  Contractor  to  receive  any 
money  under  this  contract. 

ARTICLE  XXV.  The  Engineer  shall  make  all  necessary  ex- 
planations as  to  the  meaning  and  intention  of  the  specifications, 
shall  give  all  orders  and  directions  contemplated  therein  or 
thereby  and  in  every  case  in  which  a  difficult  or  unforeseen 
condition  shall  arise  in  the  performance  of  the  work  required 
by  this  contract. 

The  Contractor  shall  promptly  obey  and  follow  every  direc- 
tion which  shall  be  given  by  the  Engineer,  including  any  di- 
rection which  the  Engineer  shall  give  by  way  of  withdrawal, 
modification  or  reversal  of  any  previous  direction  given  by  him. 

The  Queensboro  Subway  Rapid  Transit  Railroad  is  now 
under  construction  and  the  City  may  enter  into  a  contract  for 
the  installation  of  tracks  thereon  and  it  will  be  necessary  during 
the  progress  of  the  work  hereunder  for  other  contractors  and 

17 


ENGINEER   TO  DETERMINE 

persons  to  do  work  in  or  about  the  completion  or  construction  of 
said  Railroad  (including  the  station  finish  work)  and  the  in- 
stallation of  such  tracks.  It  will  also  be  necessary  during  the 
progress  of  the  work  hereunder  for  the  Interborough  Rapid 
Transit  Company,  its  successors  or  assigns,  and  the  contractor 
or  contractors  of  said  Interborough  Rapid  Transit  Company,  its 
successors  or  assigns,  to  do  work  in  or  about  the  equipment  of 
said  Railroad,  including  but  not  limited  to  laying  the  third  or 
power  rail,  installing  signals,  drawing  cables  and  installing  wires 
for  station  lighting.  The  Contractor  shall  so  conduct  his  work 
as  not  to  impede  or  interfere  with  the  work  of  such  other  con- 
tractors or  persons  engaged  in  or  about  the  construction  or  com- 
pletion of  said  Railroad  or  the  installation  of  tracks  or  the  equip- 
ment of  said  Railroad,  and  shall  so  arrange  and  conduct  his  work 
that  such  other  contractors  and  persons  may  complete  their  work 
and  said  Railroad  be  put  into  operation  at  the  earliest  possible 
date. 

Wherever  any  work  performed  or  to  be  performed  by  the 
Contractor  under  this  contract  shall  adjoin  or  affect  any 
work  performed,  being  performed  or  to  be  performed  by  any 
other  contractor  or  contractors  of  the  Commission,  the  Engineer 
shall  decide  any  question  or  dispute  between  the  Contractor  and 
such  other  contractor  or  contractors  and  shall  determine  which 
of  them  shall  perform  or  complete  any  work  and  the  manner, 
time  and  method  in  which  they  shall  perform  their  respective 
work  and  the  facilities  which  each  shall  afford  to  the  other  or 
others,  and  his  determination  shall  as  aforesaid  be  final  and 
conclusive  upon  the  Contractor. 

Wherever  any  work  performed  or  to  be  performed  by  the 
Contractor  under  this  contract  shall  adjoin  or  affect  any 
work  performed,  being  performed  or  to  be  performed  by  the 
Interborough  Rapid  Transit  Company,  its  successors  or  assigns, 
or  any  contractor  or  contractors  of  the  Interborough  Rapid  Tran- 
sit Company,  its  successors  or  assigns,  in  connection  with  the 
equipment  of  the  Queensboro  Subway  Rapid  Transit  Railroad, 
the  Engineer  shall  determine  the  manner,  time  and  method  in 
which  the  Contractor  shall  perform  his  work  and  the  facilities 
which  he  shall  afford  to  the  Interborough  Rapid  Transit  Com- 

18 


ENGINEER   TO  DETERMINE 

pany,  its  successors  or  assigns,  or  such  other  contractor  or  con- 
tractors, and  his  determination  shall  as  aforesaid  be  final  and 
conclusive  upon  the  Contractor. 

It  is  understood  that  the  Contractor  has  made  allowance 
in  the  prices  stipulated  in  the  Schedule  of  Unit  Prices  for  all 
expense,  loss,  risk  and  damage  due  to  the  work  of  completing 
the  construction  of  the  Queensboro  Subway  Rapid  Transit  Rail- 
road and  installing  tracks  thereon  and  equipping  said  Railroad. 

ARTICLE  XXVI.  Any  engineer  substituted  by  the  Commis- 
sion in  place  of  the  Chief  Engineer  during  the  absence,  illness 
or  disability  of  the  Chief  Engineer  or  when  the  Commission 
shall  so  determine  shall,  during  his  official  connection,  have 
all  the  power  and  authority  of  the  Chief  Engineer  and  in  all 
respects  be  recognized  as  such  Chief  Engineer. 


19 


CHAPTER  III 


SPECIFICATIONS 

SECTION  No.  1.  The  specifications  and  the  contract  draw- 
ings hereinafter  mentioned,  taken  in  connection  with  the  other 
provisions  of  this  contract,  are  intended  by  the  Commission 
to  be  full  and  comprehensive,  and  to  show  all  the  work  re- 
quired to  be  done.  But  it  is  impossible  either  in  advance  to 
show  all  details  or  precisely  to  forecast  all  exigencies.  The 
specifications  and  the  contract  drawings  are  to  be  taken,  there- 
fore, as  indicating  the  amount  of.  work,  its  nature  and  the 
method  of  construction  so  far  as  the  same  are  now  distinctly 
apprehended.  The  Storm  Drain  is  to  be  constructed  in  connec- 
tion with  the  drainage  of  an  intraurban  railroad  of  the  highest 
class,  and  in  the  event  of  any  doubt  as  to  the  meaning  of  any 
portion  of  the  specifications  or  of  the  contract  drawings  or  of 
the  text  of  this  contract,  the  same  shall  be  interpreted  as  calling 
for  the  best  construction,  both  as  to  materials  and  workmanship, 
capable  of  being  supplied  or  applied.  All  the  clauses  of  the 
specifications  and  all  the  parts  of  the  contract  drawings  are, 
therefore,  to  be  understood,  construed  and  interpreted  as  in- 
tending to  produce  the  results  hereinbefore  stated. 

SECTION  No.  2.  The  Contractor  shall  construct  and  com- 
plete the  Storm  Drain  strictly  in  accordance  with  the  require- 
ments of  these  specifications;  if  in  these  specifications  or  this 
contract  or  on  the  contract  drawings  any  matter  or  thing 
requisite  be  not  contemplated,  mentioned,  specified  or  indicated 
or  otherwise  provided  for,  nevertheless  the  same  is  deemed  to 
be  included  and  the  Contractor  shall  do  the  same  as  part  of 
the  work  hereunder  at  the  unit  prices  for  each  class  of  work 
where  in  the  opinion  of  the  Engineer  applicable  or  as  provided 
in  Article  XII. 

SECTION  No.  3.  The  contract  drawings  referred  to  in  this 
contract  and  these  specifications  are  each  countersigned  by  the 
Engineer,  stamped  with  the  seal  of  the  Commission  and  bear  the 
general  title: 

20 


SPECIFICATIONS 

QUEENSBORO  SUBWAY   STORM   DRAIN 
CONTRACT  DRAWING  No. 

and    are    designated   or   numbered    as    follows:      C-l    to    C-12, 
inclusive,  and  are  dated  September  25,  1915. 

SECTION  No.  4.  The  sections  and  dimensions  shown  on  the 
contract  drawings  are  typical  sections  and  dimensions  which 
should  be  applicable  to  the  greater  part  of  the  work.  Work- 
ing drawings  to  amplify  the  contract  will  be  furnished  by  the 
Engineer  to  the  Contractor  as  required,  from  which  all  necessary 
shop  drawings  shall  be  made  by  him.  These  working  drawings 
will  be  given  to  the  Contractor,  upon  his  request,  at  any  time 
after  this  contract  is  delivered.  Where,  however,  changes  are 
deemed  necessary  they  may  be  ordered  under  Article  XV  of  this 
contract  and  the  Engineer  shall  issue  such  drawings  and  specifi- 
cations as  may  be  necessary. 

SECTION  No.  6.  Detail  construction  drawings  of  the  existing 
structure  may  be  seen  at  the  office  of  the  Engineer.  They  are 
exhibited  to  the  Contractor  without  any  guarantee  on  the  part  of 
the  Commission  as  to  their  completeness  or  correctness.  The 
Contractor  may  have  copies  (blue-prints)  of  these  detail  con- 
struction drawings  for  such  aid,  if  any,  as  may  be  derived  from 
them,  on  the  payment  of  the  cost  of  blue-printing. 

SECTION  Xo.  7.  If  in  the  prosecution  of  the  work  diffi- 
culties of  any  nature  be  encountered  which  are  not  indicated  or 
suggested  by  the  specifications  or  drawings,  including  said  detail 
construction  drawings,  or  if  additional  surface,  subsurface  or 
overhead  structures  or  obstructions  be  discovered,  or  if  any  sur- 
face, subsurface  or  overhead  structures  or  obstructions  be  found 
of  different  size  or  in  different  positions  or  of  different  nature 
from  those  shown  on  the  drawings,  including  said  detail  con- 
struction drawings,  or  if  in  any  other  way  such  specifications  or 

21 


SPECIFICATIONS 

drawings,  including  said  detail  construction  drawings,  be  found 
erroneous,  incomplete  or  misleading,  the  Contractor  shall  take 
every  necessary  or  proper  precaution  to  overcome  the  unforeseen 
difficulty  and  shall  support,  maintain,  protect,  remove,  relay, 
adjust  or  readjust,  as  the  case  may  be,  the  additional  or  different 
surface,  subsurface  or  overhead  structures  according  to  the  direc- 
tion of  the  Engineer  and  as  provided  in  this  contract  and  these 
specifications. 

SECTION  No.  8.  The  specifications  do  not  include  all  re- 
quirements, but  are  requirements  in  addition  to  those  elsewhere 
given  or  provided  in  this  contract.  The  specifications  and  the 
other  provisions  of  this  contract  and  the  contract  drawings  are 
intended  to  be  explanatory  of  one  another.  Should,  however, 
any  discrepancy  appear  or  any  misunderstanding  arise  as  to  the 
import  of  anything  contained  in  either,  the  explanation  or 
decision  of  the  Engineer  shall  be  final  and  conclusive. 

SECTION  No.  9.  These  specifications  are  grouped  in  subdi- 
visions as  follows: 

PAGE 

1  Brief  Description  of  the  Work 23 

2  General  Clauses . 24 

3  General   Manner  of   Prosecution   and   Maintenance   of 

Traffic    32 

4  Street  Railroad  Tracks,  Mains  and  Other  Surface,  Sub- 

surface and  Overhead  Structures 34 

5  Excavation 37 

6  Backfilling   44 

7  Timber  Foundations   45 

8  Cement     46 

9  Mortar   49 

10  Concrete     50 

1 1  Brick  Masonry 53 

12  Steel  and  Iron 54 

13  Surfaces  Restored 57 

14  Drain  Pipes  and  Manholes 59 

15  Special   Matters 67 

22 


SUBDIVISION  1 
BRIEF  DESCRIPTION  OF  THE  WORK 

SECTION  No.  10.  The  Storm  Drain  is  to  consist  of  a  main 
drain,  necessary  connections,  manholes,  outlets  and  other  details 
required  to  remove  the  storm  water  from  the  existing  structure. 
The  general  details  of  construction,  location,  etc.,  are  indicated 
more  particularly  on  the  contract  drawings. 

SECTION  No.  11.  In  addition  to  the  construction  of  the 
Storm  Drain  it  will  be  necessary  to  do  various  incidental  work 
which  is  generally  referred  to  in  Article  X  hereof. 


23 


SUBDIVISION  2 
GENERAL  CLAUSES 

SECTION  No.  14.  All  materials  and  workmanship  must  be 
of  the  best  class  in  every  respect,  and  the  Engineer  shall  be 
the  sole  judge  of  their  quality  and  efficiency. 

SECTION  No.  15.  All  the  work  shall  be  prosecuted  in  the 
manner,  according  to  local  conditions,  best  calculated  to  pro- 
mote rapidity  in  construction,  to  secure  safety  to  life  and  prop- 
erty and  to  reduce  to  the  minimum  any  interference  with  abutting 
property  and  the  public  travel.  Decking  of  the  streets,  paving, 
or  other  surface  work  affecting,  or  affected  by,  street  traffic  shall 
be  prosecuted  during  such  hours  as  will  reduce  such  interference 
to  a  minimum.  Night  work  shall  be  conducted,  in  accordance 
with  the  directions  of  the  Engineer,  so  that  annoyance  to  occu- 
pants of  abutting  property  shall  be  reduced  to  a  minimum,  and 
the  Engineer  may,  if  in  his  judgment  conditions  so  require, 
direct  that  night  work  be  omitted. 

SECTION  No.  16.  The  Storm  Drain  is  a  part  of  the  drain- 
age system  of  a  rapid  transit  railroad  and  the  interests  of  the 
City  imperatively  require  that  it  shall  be  completed  and  put 
into  operation  without  delay.  If  the  Contractor  shall  not  prose- 
cute his  work  in  such  manner  as  to  make  it  probable  in  the 
judgment  of  the  Engineer  that  the  work  will  be  completed 
within  the  time  limited,  the  Contractor,  if  directed  by  the 
Commission,  shall  increase  the  number  of  shifts  and  the  num- 
ber of  men  in  each  shift  to  such  extent  as  may  be  necessary 
to  insure  the  completion  of  the  work  within  the  times  re- 
quired by  this  contract  or  within  the  shortest  possible  time 
thereafter. 

SECTION  No.  17.  In  case  of  emergencies  involving  danger 
to  life  or  property,  continuous  work  with  an  increased  force 
may  be  ordered  by  the  Engineer  for  such  time  as  may  be 
necessary. 

SECTION  No.  18.  No  work  shall  be  begun  until  the  Com- 
mission shall  issue  to  the  Contractor  a  permit  authorizing  him 

24 


SPECIFICATIONS GENERAL    CLAUSES 

to  proceed.  No  permits  for  excavation  will  be  issued  until  the 
Contractor  has  given  satisfactory  assurance  to  the  Engineer 
that  the  material  needed  for  construction  will  be  available.  The 
Contractor  must  conduct  his  work  so  as  to  avoid  advancing 
the  excavation  at  any  place  ahead  of  the  delivery  on  the  work 
of  the  materials  of  construction  required  for  such  place,  unless 
otherwise  permitted  by  the  Engineer.  If  the  Contractor  elects, 
and  is  permitted,  to  advance  the  excavation  ahead  of  the  de- 
livery of  such  materials  of  construction,  it  will  become  necessary 
for  him  to  support  and  maintain  the  trenches  until  the  ma- 
terials of  construction  can  be  obtained ;  this  he  shall  do  entirely 
at  his  own  risk  and  expense.  The  permits  shall  be  in  such  form 
and  shall  cover  such  portions  of  the  work  as  the  Commission 
shall  prescribe. 

SECTION  No.  19.  Before  any  opening  is  made  in  the  sur- 
face of  a  street,  a  copy  of  the  permit  issued  by  the  Com- 
mission shall  have  been  filed  with  the  Borough  President  not 
less  than  five  (5)  days,  unless  the  Engineer  shall  expressly 
direct  work  to  begin  within  a  less  period. 

SECTION  No.  20.  At  least  one  (1)  week  before  com- 
mencing work  on  any  part  of  the  Storm  Drain,  the  Contractor 
shall  give  notice  in  writing  to  the  Engineer  of  his  intention 
to  commence  such  operations;  and  at  least  one  (1)  week  be- 
fore commencing  or  resuming  manufacture  of  any  article  called 
for  by  these  specifications  the  Contractor  shall  give  notice  in 
writing  to  the  Engineer  of  his  intention  to  commence  or  re- 
sume such  manufacture,  with  the  name  and  address  of  the 
maker  and  the  amount  and  description  of  the  material  to  be 
manufactured. 

SECTION  No.  22.  In  all  operations  connected  with  the 
Works,  all  ordinances  of  the  City  and  of  the  Board  of  Health 
and  all  laws  of  New  York  State  which  are  applicable 
to  and  control  or  limit  in  any  way  the  actions  of  those 
engaged  in  the  work  or  affecting  the  materials  belonging  to 
or  used  by  them  shall  be  respected  and  strictly  complied 

25 


SPECIFICATIONS GENERAL   CLAUSES 

with,  and  the  Contractor  shall  further  strictly  comply  with  all 
applicable  Federal,  State  and  Municipal  regulations  regard- 
ing the  transportation  of  materials  in  and  around  the  City 
and  Harbor  of  New  York. 

SECTION  No.  23.  Whenever  the  construction  of  the  Works 
under  the  provisions  of  this  contract  shall  interfere  with,  dis- 
turb or  endanger  any  sewer,  water  pipe,  gas  pipe,  or  other 
duly  authorized  subsurface  structure,  the  work  of  construc- 
tion at  such  points  shall  be  conducted  in  accordance  with  the 
reasonable  requirements  of  the  Borough  President  or  the  Com- 
missioner of  Water  Supply,  Gas  and  Electricity  or  other 
officer  or  local  authority  having  the  care  of  and  the  juris- 
diction or  control  over  such  subsurface  structures  so  inter- 
fered with,  disturbed  or  endangered. 

SECTION  No.  24.  The  Contractor  shall  at  his  own  cost 
provide  for  the  water  supply  necessary  for  his  work  and  he 
shall  bear  the  cost  of  any  inspection  charge  in  connection 
therewith.  He  shall  bear  the  cost  of  all  work,  labor  and  ma- 
terial in  connection  with  the  bagging,  cutting  and  cap- 
ping, installing  circulation  connections  and  temporary  drips 
for  gas  pipes  where,  in  the  opinion  of  the  Engineer,  it  is 
necessary  to  cut  off  the  supply  of  gas,  and  also  in  connection 
with  replacing  and  restoring  such  pipes  to  their  original  condi- 
tion. He  shall  also  bear  the  cost  of  the  shutting  off  and  restora- 
tion of  the  flow  in  water  mains  where  such  work  applies  to  the 
maintenance  and  support  thereof  as  provided  in  Section  No.  55, 

SECTION  No.  25.  On  streets  adjacent  to  the  work,  only 
such  material  may  be  stored  as  may  be  necessary  in  case  of 
an  emergency,  to  sheet  or  to  support  the  excavation;  or  a  rea- 
sonable amount  of  such  material  as  may  be  absolutely  necessary 
to  avoid  delay  in  construction  may  be  stored;  such  material 
must  not  be  allowed  to  accumulate,  but  must  be  replenished  from 
day  to  day.  The  amount  to  be  so  allowed  shall  be  determined 
by  the  Engineer. 

26 


SPECIFICATIONS GENERAL   CLAUSES 

SECTION  No.  27.  In  any  case  material  may  be  stored  only 
with  the  approval  of  the  Engineer,  revocable  at  any  time;  and 
if  so  ordered,  such  material  shall  be  removed  immediately  by 
the  Contractor  at  his  own  expense  on  receipt  of  the  order,  or 
within  a  period  of  time  to  be  therein  stated. 

SECTION  No.  28.  Wherever  the  work  is  being  carried  on 
free  access  must  be  given  to  every  fire  hydrant  and  fire  alarm 
box,  and  when  required,  hydrants  shall  be  extended  by  suitable 
tube  or  piping  to  an  accessible  point  as  approved  by  the  Engineer 
and  to  the  satisfaction  of  the  Chief  of  the  Fire  Department. 
Materials  must  not  be  piled  at  any  time  or  place  within  ten 
(10)  feet  of  any  fire  hydrant  or  fire  alarm  box;  and  where 
materials  are  unavoidably  piled  or  placed  in  the  vicinity  of 
a  fire  hydrant  or  fire  alarm  box  and  to  such  height  as  to  prevent 
the  same  from  being  readily  seen,  the  position  of  such  hydrant 
or  fire  alarm  box  shall  be  indicated  by  suitable  signals,  both 
day  and  night. 

The  Contractor  shall  at  his  own  expense  guard,  maintain 
and  protect  the  wires,  cables,  ducts,  manholes,  posts  and  poles 
of  the  Fire  Department.  He  shall  not  cause  the  interruption 
of  the  Fire  Department  Fire  Alarm  Telegraph  service.  No  Fire 
Department  wire,  cable,  duct,  manhole,  post  or  pole  shall  be 
disturbed  except  in  the  presence  of  a  representative  of  the 
Bureau  of  Fire  Alarm  Telegraph.  In  case  any  such  wire, 
cable,  duct,  manhole,  post  or  pole  shall  be  disturbed,  it  shall 
be  restored  to  its  original  condition  by  the  Contractor  at  his 
own  expense. 

SECTION  No.  29.  The  Contractor  shall  at  his  own  expense 
keep  the  work,  streets  and  all  public  places  occupied  by  him 
clear  of  all  refuse  and  rubbish  that  may  accumulate  from 
any  source  whatever  and  leave  them  in  a  neat  condition;  but 
this  is  in  no  way  to  be  construed  as  placing  upon  the  Contractor 
the  usual  duties  of  the  Street  Cleaning  Department. 

SECTION  No.  30.  Where  access  to  any  adjacent  property 
is  temporarily  cut  off,  owing  to  the  occupancy  of  the  street  by 

27 


SPECIFICATIONS GENERAL    CLAUSES 

the  Contractor,  he  must,  at  his  own  cost,  render  every  assistance 
to  the  owner  or  occupant  in  handling  such  materials  of  any 
description,  including  all  material  to  be  removed  by  the  Depart- 
ment of  Street  Cleaning,  as  may  have  to  be  taken  to  or  removed 
from  such  property ;  such  material  shall  be  taken  to  or  from  the 
nearest  accessible  point  that  in  the  opinion  of  the  Engineer  is 
convenient  for  handling. 

SECTION  No.  31.  Waste  material  of  any  character  will 
under  no  conditions  be  permitted  to  remain  on  the  streets,  but 
must  immediately  on  its  becoming  unfit  for  use  in  the  work  be 
carted  away  and  disposed  of  by  the  Contractor  at  his  own 
expense  as  hereinbefore  provided ;  nor  shall  such  materials  be 
allowed  to  accumulate  in  the  trenches. 

SECTION  No.  32.  Necessary  conveniences,  properly  secluded 
from  public  observation,  shall  be  constructed  and  maintained 
by  the  Contractor  at  his  own  expense  wherever  needed  for  the 
use  of  his  employees,  to  the  satisfaction  of  the  Engineer  and 
the  sanitary  authorities. 

SECTION  No.  33.  Wherever  necessary  the  Contractor  shall 
erect  and  maintain  at  his  own  expense  fences  for  the  protection 
of  adjoining  property  and  of  the  adjoining  public  places. 

SECTION  No.  34.  The  using  of  fences  and  buildings  during 
construction  for  advertising  purposes,  other  than  the  name  and 
address  of  the  Contractor,  is  forbidden;  all  temporary  buildings 
and  fences  erected  by  the  Contractor  shall  be  neat  in  appearance 
and  shall  be  painted  as  directed  by  the  Engineer. 

SECTION  No.  35.  Barricades  and  bridges  shall  be  erected 
by  the  Contractor  at  his  own  cost,  for  the  protection  of  the 
work  or  use  of  the  public;  they  shall  be  substantial  in  character 
and  neat  in  appearance. 

SECTION  No.  36.  The  Engineer  will  prepare  and  furnish 
to  the  Contractor,  from  time  to  time  as  aforesaid,  drawings 

28 


SPECIFICATIONS GENERAL    CLAUSES 

amplifying  such  details  of  the  contract  drawings  as  may  be 
necessary  and  drawings  necessary  to  show  the  adjustment  and 
reconstruction  of  all  surface  and  subsurface  structures  wherever 
the  reconstruction  of  the  same  is  necessitated  by  the  construction 
of  the  Storm  Drain.  These  drawings  must  be  strictly  followed, 
unless  local  conditions  should  develop  during  construction,  sug- 
gesting changes,  when,  with  the  approval  of  the  Engineer,  such 
changes  may  be  permitted. 

SECTION  No.  37.  The  Contractor  shall  make  all  working 
or  shop  drawings  which  may  be  required  in  addition  to  the 
contract  drawings  or  in  addition  to  such  other  drawings  as  the 
Engineer  may  issue  in  amplification  of  such  contract  drawings,  as 
explained  above.  All  working  or  shop  drawings  shall  be  sub- 
mitted in  duplicate  to  the  Engineer  for  his  approval,  which 
approval,  if  given,  shall  be  indicated  by  his  countersigning  one 
set  of  such  working  or  shop  drawings  and  returning  the  same 
to  the  Contractor.  Should  the  working  or  shop  drawings  be  not 
approved  by  the  Engineer,  then  the  Engineer  shall  return  one  set 
of  such  working  or  shop  drawings,  with  the  necessary  corrections 
and  changes  indicated  thereon ;  and  the  Contractor  must  make 
such  corrections  and  changes,  and  again  submit  drawings  in 
duplicate  for  the  approval  of  the  Engineer ;  and  no  work  called 
for  by  said  working  or  shop  drawings  shall  be  done  until  the 
approval  of  the  Engineer  is  obtained,  which  must  be  given  or 
refused  within  five  (5)  working  days  after  delivery  to  him  at  his 
office  of  such  drawings  in  duplicate.  Immediately  upon  final 
approval  of  such  working  or  shop  drawings  by  the  Engineer,  the 
Contractor  shall  furnish  the  Commission  with  five  (5)  additional 
copies  of  such  approved  drawings.  The  tracings  of  all  approved 
working  or  shop  drawings  made  by  the  Contractor  shall  be 
delivered  to  the  Engineer  prior  to  or  upon  the  completion  of  the 
Works. 

SECTION  No.  38.  During  the  progress  of  the  work  the  Com- 
mission will  give,  through  the  Engineer  to  the  Contractor,  suit- 
able points,  marks  or  benches,  indicating  the  line  and  grade  of 
the  Storm  Drain,  such  points  or  bench  marks  to  be  established 

29 


SPECIFICATIONS GENERAL    CLAUSES 

at  such  intervals  as  the  Engineer  deems  necessary  to  enable  the 
Contractor  to  perform  his  work.  The  principal  lines  and  grades 
will  be  given  by  the  Engineer,  who  may  change  them  from  time 
to  time  as  may  be  authorized  and  directed  by  the  Commission. 
The  stakes  and  marks  given  by  the  Engineer  shall  be  carefully 
preserved  by  the  Contractor,  who  shall  give  to  the  Engineer  all 
necessary  assistance  and  facilities  for  establishing  benches  and 
plugs  and  for  making  measurements. 

SECTION  No.  39.  Orders  and  directions  may  be  given  orally 
by  the  Engineer  to,  and  shall  be  received  and  promptly  obeyed 
by,  the  Contractor  or  his  representative  or  any  superintendent, 
overseer  or  foreman  of  the  Contractor  who  may  have  charge  of 
the  particular  work  in  relation  to  which  the  orders  or  directions 
are  given,  and  a  confirmation  in  writing  of  such  orders  or  direc- 
tions will  be  given  to  the  Contractor  by  the  Engineer  if  so 
requested.  The  Contractor  or  his  duly  authorized  representative 
shall  be  present  at  all  times  on  the  work  to  receive  orders  and 
directions  from  the  Engineer. 

SECTION  No.  40.  Any  imperfect  construction  which  may 
be  discovered  before  the  final  acceptance  of  the  work  shall  be 
corrected  immediately  on  the  requirement  of  the  Engineer  and 
at  the  Contractor's  expense,  notwithstanding  that  it  may  have 
been  overlooked  by  the  Inspector. 

. 

SECTION  No.  41.  All  work  of  whatever  kind  which  during 
its  progress  and  before  its  final  acceptance  shall  become  dam- 
aged from  any  cause  shall  be  broken  up  or  removed  and  shall 
be  replaced  by  good  and  sound  work  at  the  Contractor's  expense. 

SECTION  No.  42.  If  any  material  brought  on  the  ground 
for  use  in  the  work  or  selected  for  the  same  shall  be  condemned 
by  the  Engineer  as  unsuitable  or  not  in  conformity  with  the 
specifications,  the  Contractor  shall  forthwith  remove  such  ma- 
terial at  his  own  expense. 

30 


SPECIFICATIONS GENERAL    CLAUSES 

SECTION  No.  43.  The  Contractor  shall  employ  only  com- 
petent, skillful  and  faithful  men  to  do  the  work.  Whenever 
the  Engineer  shall  notify  the  Contractor  in  writing  that  in  his 
opinion  any  man  on  the  work  is  incompetent,  unfaithful  or  dis- 
orderly, such  man  shall  be  discharged  from  the  work  and  shall 
not  again  be  employed  on  it. 


31 


SUBDIVISION  3 

GENERAL  MANNER  OF  PROSECUTION  AND  MAINTENANCE  OF 

TRAFFIC 

SECTION  No.  44.  Where  streets  are  open,  suitable  bridges 
shall  be  built  and  maintained,  at  the  Contractor's  expense,  to 
permit  owners  and  occupants  to  reach  their  premises.  Where 
necessary,  proper  and  easy  means  for  passengers  to  reach  and 
leave  street  cars  shall  be  maintained. 

SECTION  No.  46.  Generally,  the  Contractor  will  be  permitted 
to  conduct  his  work  in  the  most  expeditious  manner  possible, 
having  due  regard  for  the  safety  of  persons  and  property  and 
facilities  for  traffic  and  under  such  instructions  as  the  Engineer 
may  give  from  time  to  time. 

SECTION  No.  47.  All  necessary  facilities  shall  be  furnished 
by  the  Contractor  at  his  own  expense  for  the  benefit  of  street 
traffic,  both  on  longitudinal  and  cross  streets. 

SECTION  No.  48.  In  order  to  minimize  interference  with 
traffic  and  inconvenience  to  abutting  property  owners  during  the 
construction  of  the  Storm  Drain  every  precaution  must  be  taken 
to  keep  traffic  free  from  interruption. 

SECTION  No.  49.  In  general,  work  will  as  provided  herein 
be  carried  on  in  open  trench  without  decking,  but  at  street  inter- 
sections and  at  other  places  where  special  conditions  so  require 
and  the  Engineer  may  direct,  decking  shall  be  placed  and  main- 
tained. Where  the  decking  is  temporarily  removed  from  any  part 
of  the  street  the  opening  shall  be  protected  by  suitable  fencing 
and  bridging. 

In  all  cases  the  Contractor  shall  at  all  times  at  his  own 
expense  keep  all  the  street  crossings  on  the  lines  of  the  sidewalks 
in  a  clean  and  neat  condition,  bridging  gutters  and  low  places 
where  water  might  collect. 

32 


SPECIFICATIONS GENERAL     MANNER     OF     PROSECUTION     AND 

MAINTENANCE  OF  TRAFFIC 

SECTION  No.  50.  In  exceptional  cases,  where  rock  is  within 
a  few  feet  of  the  street  or  sidewalk  surface,  it  may  be  impracti- 
cable to  operate  drills  under  such  decking  until  a  sufficient  depth 
of  excavation  has  been  obtained.  In  such  cases  such  latitude 
will  be  allowed  the  Contractor  as  may  prove  absolutely  necessary 
for  the  execution  of  this  contract,  and  as  the  Engineer  may  deem 
advisable. 


33 


SUBDIVISION  4 

STREET  RAILROAD  TRACKS,  MAINS  AND  OTHER  SURFACE,  SUB- 
SURFACE AND  OVERHEAD  STRUCTURES 

SECTION  No.  51.  Notice  shall  be  given  by  the  Contractor 
to  all  individuals,  companies  and  the  proper  City  officials,  own- 
ing or  having  charge  of  surface,  subsurface  or  overhead  struc- 
tures along  any  part  of  the  work,  of  his  intention  to  commence 
operations  along  such  part  of  the  route,  at  least  one  (1)  week 
in  advance,  and  the  Contractor  shall  file  with  the  Engineer  at  the 
same  time  a  copy  of  said  notice;  and  he  shall  co-operate  with  the 
proper  parties,  officers  or  officials  in  charge  of  such  structures 
and  shall  furnish  them  with  all  reasonable  facilities  to  inspect 
the  methods  of  caring  for  their  property. 

SECTION  No.  52.  In  the  rearrangement  of  surface,  sub- 
surface or  overhead  structures  requiring  removal  and  relaying 
or  reconstruction  due  to  interference  with  the  Storm  Drain  a 
tentative  plan  will  be  made  by  the  Engineer,  which  will  be  sub- 
mitted to  the  parties  interested;  if  any  reasonable  changes  are 
then  requested  by  any  of  the  said  parties  within  ten  (10)  days 
after  the  submission  of  the  tentative  plan,  such  changes  will  then 
be  made,  if  in  the  judgment  of  the  Engineer  they  will  best 
conserve  the  interest  of  all  parties  concerned ;  a  further  plan  will 
then  be  made  which,  on  the  approval  of  the  Engineer,  will  be 
final. 

SECTION  No.  53.  Whenever  it  becomes  necessary  to  cut, 
move,  change,  or  reconstruct  any  surface,  subsurface  or  over- 
head structures,  or  connections  therewith,  such  work  shall  be 
done  according  to  the  reasonable  satisfaction  of  the  owners  of 
such  structures. 

SECTION  No.  54.  All  work  of  reconstruction  or  alteration 
shall  be  done  with  reasonable  dispatch,  and  facilities  shall  be 
provided  so  that  said  work  will  interfere  as  little  as  possible 
with  the  practical  working  and  use  of  such  structures. 

34 


SPECIFICATIONS — SURFACE,  SUBSURFACE  AND  OVERHEAD 
STRUCTURES 


SECTION  No.  55.  The  Contractor  shall  at  all  times,  by 
suitable  bridging  or  other  supports,  maintain  and  support  in  an 
entirely  safe  condition  for  the  usual  service  and  to  the  reasonable 
satisfaction  of  the  owners,  all  surface,  subsurface  and  overhead 
structures  and  all  their  appurtenances  encountered  or  affected 
during  the  prosecution  of  his  work;  if  the  maintenance  of  such 
usual  service  makes  it  necessary,  the  Contractor  shall  temporarily 
remove  and  relay  or  reconstruct  any  such  surface,  subsurface  or 
overhead  structure  and  shall  restore  the  same  prior  to  the  com- 
pletion of  this  contract.  All  surface,  subsurface  and  overhead 
structures  and  all  their  appurtenances  and  all  surfaces  of  what- 
ever character  along  the  line  of  the  work  shall  be  protected  from 
injury,  and  the  Contractor  shall  fully  restore  such  surface,  sub- 
surface and  overhead  structures  and  all  their  appurtenances  and 
all  such  surfaces  to,  and  shall  leave  them  in,  as  useful,  safe, 
durable  and  good  a  condition  as  existed  before  construction  was 
begun.  All  the  above,  including  also  all  changes  of  surface, 
subsurface  and  overhead  structures  and  their  appurtenances  made 
by  the  Contractor  for  his  own  convenience  in  executing  his  work, 
shall  be  done  at  the  Contractor's  own  expense  and  shall  be 
deemed  to  be  included  in  the  prices  stipulated  in  the  Schedule 
for  excavation  except  as  otherwise  herein  specifically  provided. 


SECTION  No.  56.  All-  work  in  connection  with  rebuilding 
sewers  or  their  appurtenances  which  may  be  required  to  be 
rebuilt  because  of  physical  interference  with  the  Storm  Drain 
shall  conform  to  the  standard  requirements  of  the  Bureau  of 
Sewers,  Borough  of  Queens.  Such  work,  also  all  work  in  con- 
nection with  changes  in  surface,  subsurface  and  overhead  struc- 
tures, made  necessary  because  of  the  physical  interference  of  such 
structures  with  the  Storm  Drain,  will  be  paid  for  at  the  prices 
stipulated  for  the  various  classes  of  work  or  material  applicable 
thereto  in  the  Schedule  of  Unit  Prices  or  if,  in  the  opinion  of 
the  Engineer,  not  susceptible  of  such  classification,  then  as  pro- 
vided in  Article  XII. 


35 


SPECIFICATIONS SURFACE,  SUBSURFACE  AND  OVERHEAD 

STRUCTURES 

SECTION  No.  59.  The  Contractor  shall  maintain  and  sup- 
port, both  temporarily  and  permanently,  in  a  safe  condition  for 
continuous  operation  all  surface  and  elevated  railroads  along  the 
line  of  or  crossing  the  line  of  the  work,  including  ducts,  cables, 
poles  and  all  other  appurtenances  of  such  railroads. 

Payment  for  the  support  and  maintenance  of  surface  and 
elevated  railroads  shall  be  deemed  to  be  included  in  the  prices 
stipulated  for  excavation. 

SECTION  No.  60.  In  the  event  of  the  owners  or  the  City 
desiring  to  make  any  addition,  alteration  or  extension  to  their 
structures  or  to  do  any  work  to  or  in  connection  with  surface, 
subsurface  or  overhead  structures  owned  by  them  or  it  or  to  lay 
any  new  structure  in  or  across  a  street  occupied  by  the  Works, 
at  the  time  the  work  under  this  contract  is  in  progress,  the  Con- 
tractor, by  written  permission,  shall  give  said  owners  or  the  City 
all  reasonable  opportunity  to  perform  such  work;  provided  such 
work  or  alteration  for  the  benefit  solely  of  the  owners  of  subsur- 
face structures  does  not  cause  the  Contractor  any  serious  loss  or 
delay,  as  shall  be  determined  by  the  Commission.  The  written 
permission  from  the  Contractor,  with  three  (3)  prints  of  draw- 
ings or  sketches  or  a  description  indicating  the  proposed  work 
in  detail,  shall  be  submitted  to  and  approved  by  the  Engineer 
before  any  work  shall  be  proceeded  with  under  such  written 
permission. 


36 


SUBDIVISION  5 
EXCAVATION 

SECTION  No.  61.  Special  care  must  be  taken  to  avoid  dam- 
age wherever  excavation  is  being  done.  The  width  of  such 
excavation  shall  not  exceed  the  width  actually  necessary,  in 
the  opinion  of  the  Engineer,  for  the  proper  prosecution  of  the 
work.  All  excavations  shall  be  of  such  width,  in  addition  to 
that  of  the  Storm  Drain,  as  shall  be  necessary,  in  the  opinion 
of  the'  Engineer,  for  the  proper  and  expeditious  progress  of 
the  work  and  to  permit  the  laying  and  readjusting  of  all  sewers, 
mains,  subways  and  other  subsurface  structures  encountered 
along  the  route  and  contiguous  to  the  Storm  Drain. 

SECTION  No.  62.  Excavation  shall  be  carried  to  such  depth, 
both  in  soft  ground  and  in  rock,  as  may  be  necessary  to  permit 
the  laying  of  such  concrete  bed,  special  foundation  or  drain  pipes 
as  may  be  deemed  necessary  by  the  Engineer. 

SECTION  No.  63.  The  sides  of  the  excavations  shall  be  se- 
cured against  slips  by  suitable  sheet  piling  or  sheeting,  held  in 
place  by  braces,  shores  or  waling  timbers,  special  precautions 
being  taken  where  there  is  additional  pressure  due  to  the  presence 
of  street  railroad  tracks  or  other  structures. 


SECTION  No.  64.  Sheeting  shall  be  driven  wherever  pos- 
sible, but  when  it  is  placed  against  the  sides  of  the  excavation, 
the  spaces  or  voids  back  of  the  sheeting  must  be  immediately 
and  carefully  filled  with  suitable  material  to  prevent  as  far 
as  possible  the  natural  ground  back  of  the  sheeting  from  mov- 
ing. 

SECTION  No.  65.  No  payment  will  be  made  for  sheeting 
left  in  the  ground  or  in  the  work,  unless  the  Engineer  shall  in 
writing  require  it  to  be  left  in,  in  which  case  payment  will  be 
made  for  the  sheeting  so  left  in  as  measured  by  the  Engineer, 
at  one-half  the  current  market  price  for  new  material  of  the  same 

37 


SPECIFICATIONS EXCAVATION 

grade,  character  and  dimensions,  and  without  any  allowance  or 
payment  for  placing  the  same. 

SECTION  No.  66.  All  timber  used  for  sheeting,  shoring,  brac- 
ing, decking  or  other  temporary  purposes  shall  be  sound  and  free 
from  any  defects  that  may  impair  its  strength.  It  shall  be 
provided,  placed  and  removed  at  the  Contractor's  own  cost  and 
expense.  The  top  or  wearing  surface  of  all  decking  used  for 
carriageways  shall  be  of  hard,  yellow  pine  (unless  otherwise 
permitted),  sound,  straight  and  free  from  all  shakes  and  large, 
loose  knots.  All  sheeting  and  timber  used  temporarily  shall  be 
put  in  place  by  skilled  mechanics,  keyed  tight  by  wedges  where 
necessary  and  so  arranged  as  to  be  withdrawn  readily  without 
endangering  the  adjoining  soil. 

SECTION  No.  67.  The  removal,  where  necessary,  of  all  walls 
and  other  parts  of  vaults  of  abutting  property  along  the  route 
of  the  Storm  Drain  that  are  within  the  ordered  net  lines  of 
excavation  shall  be  considered  as  earth  excavation  as  provided 
in  Section  No.  79,  but  the  restoration  of  all  such  walls  and  other 
parts  of  vaults  originally  within  the  ordered  net  lines  of  excava- 
tion, when,  in  the  opinion  of  the  Engineer,  susceptible  of  classifi- 
cation, will  be  paid  for  at  the  unit  prices  stipulated  in  the  Schedule 
applicable,  in  the  opinion  of  the  Engineer,  to  the  several  classes 
of  work  and  material  involved  in  such  restoration;  or  when,  in 
the  opinion  of  the  Engineer,  not  susceptible  of  classification  such 
work  will  be  paid  for  under  Article  XII. 

The  above  is  not  to  be  construed,  however,  as  applicable  to 
any  work  beyond  the  ordered  net  lines  of  excavation,  which  shall 
be  done  at  the  Contractor's  own  cost  and  expense. 

SECTION  No.  69.  Ledge  rock  in  place,  concrete  of  the  exist- 
ing structure  and  boulders  whose  volume  within  the  ordered 
net  lines  of  excavation  is  half  a  cubic  yard  or  more  each  will  be 
considered  as  rock  excavation. 

SECTION  No.  70.  Whenever  rock  is  encountered  in  the 
trench,  it  shall  be  stripped  of  earth  in  sections  not  less  than  twenty 

38 


SPECIFICATIONS EXCAVATION 

(20)    feet  in  length  and  the  Engineer  shall  be  duly  notified  in 
order  that  he  may  measure  or  cross-section  the  same. 

SECTION  No.  71.  Whenever  rock  or  material  requiring  blast- 
ing is  encountered,  all  necessary  precautions  must  be  exercised 
by  the  Contractor,  as  required  by  the  ordinances  of  the  City 
relative  to  blasting.  Explosives  shall  be  used  only  of  such  char- 
acter and  strength  as  may  be  permitted  by  the  Commission,  and 
the  right  is  reserved  for  the  Engineer  to  direct  that  in  special 
cases  ordinary  blasting  powder  only,  in  small  charges,  shall  be 
used.  Blasting  shall  not  be  done  between  the  hours  of  11  P.  M. 
and  7  A.  M.  without  the  express  permission  of  the  Engineer  and 
then  only  under  such  restrictions  as  he  may  impose. 

SECTION  No.  72.  The  Contractor  shall  provide  at  his  own 
expense  such  magazines  and  magazine  houses  for  the  storage 
of  explosives  in  such  localities  and  in  such  manner  as  may  be 
approved  by  the  proper  authorities  in  charge  of  such  matters. 
No  larger  quantity  of  explosives  shall  be  kept  on  the  line  of  the 
work  than  will  be  actually  required  for  the  twelve  (12)  hours 
of  work  next  ensuing,  and  it  shall  be  kept  under  lock,  the  key 
to  which  shall  be  in  the  hands  of  only  the  foreman  or  other 
equally  trustworthy  person.  The  amount  of  explosives  kept  in 
any  one  place  shall  not  exceed  the  limit  permitted  by  any  ordi- 
nance of  the  City  or  as  may  be  determined  by  the  Commission. 
Caps  and  exploders  shall  not  be  kept  in  the  same  place  with 
dynamite  and  other  explosives.  During  freezing  weather  special 
precautions  shall  be  taken  as  to  the  care  and  manipulation  of 
dynamite. 

SECTION  No.  73.  Whenever  any  subsurface  structure  is  en- 
countered in  or  alongside  of  the  trench,  right  is  reserved  to 
direct  that  all  rock  within  five  (5)  feet  of  the  same  shall  be 
removed  by  means  other  than  blasting. 

SECTION  No.  74.  Any  excess  excavation  in  the  bottom  of 
the  trench,  whether  in  earth  or  in  rock,  below  the  net  line  of 

39 


SPECIFICATIONS EXCAVATION 

excavation,  shall  be  replaced  by  a  compacted  backfill  of  the 
character  specified  in  Section  No.  84,  placed  at  the  Contractor's 
own  expense. 

SECTION  No.  75.  Whenever  water  is  encountered  in  trenches, 
it  shall  be  removed  by  bailing  or  pumping,  great  care  being 
taken  when  pumping  that  the  surrounding  particles  of  soil  be 
not  disturbed  or  removed.  The  discharge  from  all  pumps  shall 
be  conducted  into  the  adjacent  sewers,  and  the  discharge  pipes 
shall  be  so  arranged  as  to  be  readily  inspected  at  all  times  to 
ascertain  if  the  water  is  free  from  particles  of  soil. 

SECTION  No.  76.  All  carts,  buckets  and  other  vehicles  used 
by  the  Contractor  for  the  removal  of  material,  shall  be  tight 
and  so  arranged  and  so  loaded  as  not  to  spill.  Whenever  a 
cart,  bucket  or  other  vehicle  so  used  is  leaky  or  unsuitable,  it 
shall  be  immediately  withdrawn  from  the  work  on  notification 
by  the  Engineer. 

SECTION  No.  77.  Excavated  material  not  required  for  back- 
filling shall  be  removed  expeditiously  and  disposed  of,  in  any 
place  selected  by  the  Contractor,  subject  to  the  ordinances  and 
regulations  of  the  City  authorities  governing  the  disposal  of  such 
material  and  the  regulations  of  the  United  States  Government 
as  to  the  disposal  or  dumping  of  material  in  and  about  or  near 
the  Harbor  of  New  York. 

SECTION  No.  78.  All  curb,  gutter,  flagging,  paving  and 
macadam  stones,  necessary  to  be  removed,  which  in  the  judg- 
ment of  the  Engineer  are  suitable  to  be  used  again,  shall  be 
stored  in  such  places  as  the  Engineer  shall  direct,  or  shall  be 
removed  as  provided  in  these  specifications ;  in  all  cases  a  pas- 
sageway on  the  sidewalks  and  in  the  roadway  shall  be  preserved 
free  from  obstructions. 

SECTION  No.  79.  Earth  excavation  includes  the  excavation  of 
all  materials  of  whatever  nature  encountered  in  the  trenches, 
excepting  ledge  rock  in  place,  concrete  of  the  existing  structure 

40 


SPECIFICATIONS — EXCAVATION 

and  boulders  whose  volume  within  the  ordered  net  lines  of  ex- 
cavation is  half  a  cubic  yard  or  more  each. 

SECTION  No.  80.  No  deduction  from  the  volume  of  exca- 
vation determined  by  the  ordered  net  lines  of  excavation  will  be 
made  on  account  of  vault  space  or  spaces  occupied  by  pipes  and 
other  subsurface  structures.  Under  no  circumstances  will  a 
double  allowance  be  made  for  any  excavation. 

SECTION  No.  81.  There  will  be  no  measurement  or  allowance 
made  nor  money  paid  for  excavation  outside  (below  or  wider 
than)  the  net  measurement  lines  as  provided  in  Section  No.  82, 
except  as  provided  in  this  Section  No.  81  for  test  pits ;  and  no 
allowance  will  be  made  for  any  excess  excavation  caused  by  slips 
or  slides.  It  is  understood  and  agreed  that  for  all  such  matters 
the  Contractor  has  estimated  and  allowed  in  the  unit  prices  of 
the  Schedule. 

If  ordered  by  the  Engineer,  the  Contractor  shall  dig  test  pits 
in  advance  of  the  excavation  of  the  Storm  Drain,  to  determine 
the  location  of  subsurface  structures.  Payment  for  excavation 
and  street  surface  restored  in  connection  with  these  test  pits 
will  be  made  at  the  prices  stipulated  in  Schedule  Items  2-A 
and  30,  measurement  for  payment  being  made  to  the  lines  of 
excavation  ordered  by  the  Engineer. 

SECTION  No.  82.  The  ordered  net  lines  of  excavation  and 
the  measurements  for  payment  for  excavation  will  be  deter- 
mined as  follows : 

(1)  In  the  estimate  and  payment  for  earth  and  rock  exca- 
vation for  pipe  laying,  both  for  the  Storm  Drain  and  for 
subsurface  structures  required  to  be  removed,  relaid  or  re- 
constructed in  other  than  their  original  locations  or  otherwise 
changed  because  of  their  physical  interference  with  the  Storm 
Drain,  allowance  will  be  made  in  earth  and  in  rock  for  a  width 
of  trench  two  (2)  feet  wider  than  the  interior  diameter  of  the 
pipe  and  a  depth  six  (6)  inches  deeper  than  the  invert  of  the  pipe, 
measured  from  the  surface  of  the  street  on  the  line  of  the  trench. 

41 


SPECIFICATIONS — EXCAVATION 

In  no  case,  however,  shall  the  trench  be  less  than  three  (3)  feet 
in  width. 

(2)  In  the  building  of  Storm  Drain  manholes  and  of  valve 
chambers  and   for  the  setting  of  valves,  valve  boxes  and  hy- 
drants, the  total  excavation  to  be  allowed  will  be  the  volume 
within  the  smallest  rectangular  prism  having  vertical  sides  that 
will  enclose  the  net  outside  lines  of  such  manholes,  valve  cham- 
bers, valves,  valve  boxes  or  hydrants  and  be  not  more  than  six 
(6)  inches  horizontally  distant  therefrom,  the  depth  being  taken 
as  the  distance  from  the  street  surface  to  the  lowest  part  of  the 
structure  or  appurtenance. 

(3)  In  the  estimate  and  payment  for  excavation  for  conduit 
and  duct  laying  and  for  the  building  of  duct  manholes,  vaults, 
service  boxes  and  their  appurtenances,  for  conduits  and  ducts 
required  to  be  removed,  relaid  or  reconstructed  in  other  than 
their  original  locations  or  otherwise  changed  because  of  their 
physical  interference  with  the  Storm  Drain,  allowance  will  be 
made  in  earth  and  in  rock  for  a  width  of  trench  eight  (8)  inches 
wider  than  the  duct  bank  or  other  structure,  the  depth  measured 
on  the  line  of  the  trench  being  taken  as  the  distance  from  the 
street  surface  to  the  lowest  part  of  the  structure ;  provided,  how- 
ever, that  if  such  conduits  or  ducts  shall  consist  of  a  single  con- 
duit or  a  group  of  conduits  not  encased  in  concrete,  then  the 
ordered  net  lines  of  excavation  and  the  measurements  for  exca- 
vation shall  include  the  total  excavation  from  the  street  surface 
to  the  extreme  bottom  of  such  single  conduit  or  group  of  con- 
duits within  vertical  planes  one  (1)   foot  outside  the  net  outside 
lines  of  such  single  conduit  or  group  of  conduits. 

(4)  For  all  other  subsurface  structures  the  ordered  net  lines 
of  excavation  shall  be  as  directed  by  the  Engineer. 

(5)  At  the  intersection  of  two  trenches  or  at  the  intersection 
of  a  pipe  or  other  trench  with  an  excavation  made  by  the  Con- 
tractor under  orders  from  the  Engineer  for  any  purpose  what- 
soever, the  cubical  contents  of  the  intersection  will  be  allowed 
only  once.     Under  no  circumstances  will  a  double  allowance  be 
made  for  any  excavation. 

Excavation  for  the  Storm  Drain  and  for  all  subsurface  struc- 
tures required  to  be  removed,  relaid  or  reconstructed  in  other 

42 


SPECIFICATIONS EXCAVATIONS 

than  their  original  locations  or  otherwise  changed  because  of 
their  physical  interference  with  the  Storm  Drain  will  be  paid  for 
at  the  prices  stipulated  in  Schedule  Item  2-A  for  excavation  in 
earth  and  Schedule  Item  3-A  for  excavation  in  rock. 

SECTION  No.  83.  The  prices  stipulated  for  excavation  in 
Schedule  Items  2-A  and  3-A  shall  include  the  cost  of  the  dis- 
posal of  the  materials  excavated,  of  backfilling,  of  all  decking 
and  bridging,  of  all  sheeting  and  bracing,  and  of  maintaining  and 
supporting  of  trenches  during  and  after  excavation,  of  all  pump- 
ing and  bailing,  and  of  the  maintenance  and  support,  with  all 
incidental  work, 'labor  and  material  of  any  kind,  of  all  surface, 
subsurface  and  overhead  structures  and  surfaces  of  whatever 
nature  and  their  appurtenances. 


43 


SUBDIVISION  6 
BACKFILLING 

SECTION  No.  84.  The  trenches  at  the  sides  of  and  over  the 
top  of  the  Storm  Drain  and  wherever  backfilling  is  necessary 
shall  be  backfilled  with  sand,  gravel  or  other  good,  clean  earth, 
free  from  perishable  material  and  from  stones  exceeding  six  (6) 
inches  in  diameter,  and  not  containing  in  any  place  a  proportion 
of  stone  of  or  below  that  size  exceeding  one  (1)  part  of  stone 
to  five  (5)  parts  of  earth.  The  filling  shall  be  compacted  by 
flooding  with  water  or  by  ramming  in  layers  not  exceeding  six 
(6)  inches  in  depth  as  required  by  the  Engineer. 

SECTION  No.  85.  Whenever  pipes,  sewers  or  other  subsur- 
face structures  are  met,  the  filling  must  be  carefully  packed, 
rammed  and  tamped  under  and  about  such  subsurface  structures, 
special  tools  being  used  for  the  purpose.  No  filling  of  trenches 
with  frozen  earth  will  in  any  case  be  permitted  nor  will  any  filling 
be  permitted  over  frozen  material. 

As  fast  as  the  work  of  filling  permits,  sheeting  and  other 
timber  supporting  the  sides  of  the  excavation  shall  be  carefully 
withdrawn,  and  the  spaces  left  by  the  removal  of  such  material 
carefully  backfilled,  but  if  directed  by  the  Engineer,  the  sheeting 
shall  be  left  in  place. 

SECTION  No.  86.  The  cost  of  backfilling  is  deemed  to  be  in- 
cluded in  the  prices  stipulated  for  earth  and  rock  excavation,  in 
Schedule  Items  2-A  and  3-A. 


44 


SUBDIVISION  7 
TIMBER  FOUNDATIONS 

SECTION  No.  87.  Timber  grillage  foundations  shall  be  built 
if  so  directed  by  the  Engineer. 

All  foundation  timber  shall  be  of  pine,  spruce,  or  other  timber 
permitted  by  the  Engineer,  sound  and  free  from  shakes.  It 
shall  be  of  such  dimensions  and  laid  in  such  manner  as  the  spe- 
cial drawings  to  be  issued  shall  require,  and  shall  be  held  in  place 
by  bolts,  spikes  or  good,  seasoned  oak  or  locust  treenails. 

No  wastage  will  be  allowed  for,  and  the  estimate  of  the 
quantities  of  foundation  timber  used  will  be  based  on  the  amount 
ordered  by  the  Engineer  and  placed  according  to  his  directions. 
Payment  for  foundation  timber  will  be  made  at  the  price  stipu- 
lated in  Schedule  Item  13. 


SUBDIVISION  8 
CEMENT 

SECTION  No.  88.  All  cement  used  in  the  work  shall  be  true 
Portland  cement,  by  which  is  meant  the  finely  pulverized  product 
resulting  from  the  calcination  to  incipient  fusion  of  a  properly 
proportioned  intimate  mixture  of  argillaceous  and  calcareous 
earths  or  rocks  to  which  no  addition  greater  than  three  per 
centum  (3%)  has  been  made  subsequent  to  calcination. 

SECTION  No.  89.  Before  any  cement  is  furnished,  the  brand 
shall  receive  the  approval  of  the  Engineer.  Cement,  to  be  ac- 
ceptable, shall  be  of  a  well-known  brand  which  has  been  in  suc- 
cessful use  for  large  engineering  works  in  America  for  at  least 
five  (5)  years,  and  which  has  an  established  reputation  for  uni- 
form character.  Preference  will  be  given  to  cements  which,  by 
their  records,  show  a  tendency  to  maintain  high  strength  of 
mortar  with  increased  age. 

SECTION  No.  90.  Cement  shall  be  subject  to  inspection  at 
the  place  of  manufacture  or  on  the  work,  and  to  such  tests  as 
may  be  ordered  by  the  Engineer.  The  Engineer  or  his  repre- 
sentative shall  have  access  at  all  times  and  places  to  inspect  the 
methods  of  manufacture,  storage  and  protection,  and  shall  have 
liberty  to  inspect  the  daily  laboratory  records  of  tests  and  analyses 
at  the  cement  works. 

SECTION  No.  91.  In  general,  tests  will  conform  to  the  meth- 
ods recommended  by  the  Committee  on  Uniform  Tests  of  Ce- 
ment of  the  American  Society  of  Civil  Engineers.  Unless  other- 
wise directed,  samples  will  be  taken  at  the  place  of  manufacture 
by  a  representative  of  the  Engineer,  and  sent  to  the  Commission's 
laboratory,  where  the  tests  will  be  made.  If  required,  tests 
will  be  made  on  the  individual  samples,  without  intermixing. 

SECTION  No.  92.  The  cement  shall  have  a  specific  gravity 
of  not  less  than  3.10  nor  more  than  3.25  after  being  thoroughly 
dried  at  a  temperature  of  212  degrees  Fahr.  The  color  shall 
be  uniform,  bluish  gray,  free  from  yellow  or  brown  particles. 

46 


SPECIFICATIONS — CEMENT 

SECTION  No.  93.  Chemical  analyses  of  cement  made  from 
time  to  time  shall  show  a  reasonably  uniform  composition.  Ce- 
ment shall  contain  not  more  than  one  and  three-fourths  per 
centum  (l^%)  of  sulphuric  anhydride  (SO3)  nor  more  than 
four  per  centum  (4%)  of  magnesia  (MgO). 

SECTION  No.  94.  The  fineness  of  the  cement  shall  be  such 
that  it  shall  leave  by  weight  a  residue  of  not  more  than  eight  per 
centum  (8%)  on  a  100-mesh  sieve  and  not  more  than  twenty- 
five  per  centum  (25%)  on  a  200-mesh  sieve;  the  wires  of  the 
sieves  being  respectively  0.0045  and  0.0024  inch  in  diameter. 

SECTION  No.  95.  It  shall  develop  initial  set  in  not  less  than 
thirty  (30)  minutes  unless  a  more  quickly-setting  cement  is  spe- 
cifically required,  and  shall  develop  hard  set  in  not  less  than  one 
(1)  hour  nor  more  than  ten  (10)  hours. 

SECTION  No.  96.  Pats  of  neat  cement,  after  remaining  one 
(1)  day  in  moist  air,  shall  be  kept  in  air  or  water  of  normal 
temperature  for  at  least  twenty-eight  (28)  days,  or  shall  be  ex- 
posed to  an  atmosphere  of  steam,  above  boiling  water,  in  a  loosely 
closed  vessel  for  at  least  five  (5)  hours;  and  the  separate  parts 
under  any  of  these  conditions  shall  remain  hard  without  any 
indications  of  checking,  cracking,  distortion,  disintegration  or 
blotching. 

SECTION  No.  97.  Neat  cement  briquettes  shall  have  at  the  end 
of  one  (1)  day  in  moist  air  a  breaking  strength,  per  square  inch 
of  sectional  area,  of  not  less  than  one  hundred  and  fifty  (150) 
Ibs. ;  at  the  end  of  seven  (7)  days — one  (1)  day  in  air,  six 
(6)  days  in  water — of  not  less  than  five  hundred  (500)  Ibs.; 
at  the  end  of  twenty-eight  (28)  days — one  (1)  day  in  air,  twenty- 
seven  (27)  days  in  water — of  not  less  than  six  hundred  (600) 
Ibs.  The  strength  at  twenty-eight  (28)  days  shall  be  not  less 
than  that  at  seven  (7)  days. 

Mortar  briquettes,  composed  of  one  (1)  part  of  cement  and 
three  (3)  parts  of  standard  Ottawa  sand,  by  weight,  shall  have 
at  the  end  of  seven  (7)  days — one  (1)  day  in  air,  six  (6)  days 

47 


SPECIFICATIONS — CEMENT 

in  water — a  breaking  strength,  per  square  inch  of  sectional  area, 
of  not  less  than  two  hundred  (200)  Ibs. ;  and  at  the  end  of  twenty- 
eight  (28)  days — one  (1)  day  in  air,  twenty-seven  (27)  days 
in  water — of  not  less  than  three  hundred  (300)  Ibs.  The  strength 
at  twenty-eight  (28)  days  shall  show  an  increase  of  not  less 
than  fifty  (50)  Ibs.  over  the  strength  at  seven  (7)  days. 

SECTION  No.  98.  Tests  will  be  made  from  time  to  time  ex- 
tending over  longer  periods  than  twenty-eight  (28)  days.  If  such 
tests  show  a  tendency  to  unsoundness  or  unusual  reduction  in 
strength  with  increased  age,  the  Engineer  shall  have  the  right 
to  prohibit  the  further  use  of  that  brand  and  to  require  that  an- 
other brand  be  substituted. 

SECTION  No.  99.  All  cement  shall  be  held  in  storage  to  allow 
ample  time  for  tests  to  be  made  before  the  cement  is  required  for 
use  in  the  work. 

SECTION  No.  100.  Cement  shall  be  packed  and  delivered  in 
canvas  sacks  or  other  strong,  well-made  packages,  plainly  marked 
with  the  manufacturer's  brand,  and  sealed  in  an  approved  man- 
ner. The  weights  of  such  packages  shall  be  uniform. 

SECTION  No.  101.  The  Contractor  shall  at  all  times  keep  in 
store  on  the  work,  or  at  some  point  convenient  thereto,  an  abun- 
dant supply  of  cement,  so  as  to  guard  against  possible  shortage. 
It  shall  be  stored  in  a  weather-tight  building,  with  a  tight  floor 
a  proper  distance  above  the  ground.  Cement  that  has  become 
partially  set  or  otherwise  damaged  shall  not  be  used. 


48 


SUBDIVISION  9 
MORTAR 

SECTION  No.  102.  All  mortar  shall  be  prepared  from  cement 
and  sand  approved  by  the  Engineer.  These  ingredients  shall  be 
thoroughly  mixed  dry  in  the  proportions  specified  below;  suf- 
ficient water  shall  then  be  added  to  produce  a  stiff  paste.  Water 
used  in  mortar,  grout  or  concrete  must  be  clean,  fresh  water. 
Salt  water  will  not  be  permitted.  The  mortar  shall  be  freshly 
mixed  for  the  work  in  hand,  in  proper  boxes  made  for  that  pur- 
pose, and  no  mortar  shall  be  used  that  has  stood  beyond  such 
limit  of  time  as  may  be  determined  by  the  Engineer. 

Sand  used  for  mortar  shall  be  clean,  and  shall  be  graded  from 
fine  to  coarse  to  the  satisfaction  of  the  Engineer.  It  shall  con- 
tain no  grains  which  will  not  pass  a  one- fourth  (J4)  inch  mesh 
sieve,  nor  more  than  six  per  centum  (6%)  by  weight  which  will 
pass  a  100-mesh  sieve. 

Sand  shall  be  of  such  quality  that  mortar  composed  of  one 
(1)  part  of  Portland  cement  and  three  (3)  parts  of  sand  by 
weight  will  have  a  tensile  and  compressive  strength  equal  to  mor- 
tar of  the  same  consistency  made  from  one  (1)  part  of  the  same 
kind  of  cement  and  three  (3)  parts  of  standard  Ottawa  sand. 

SECTION  No.  103.  For  purposes  of  mixture,  three  hundred 
and  seventy-five  (375)  pounds  of  Portland  cement  shall  be  es- 
timated at  three  and  one-half  (3^)  cubic  feet  of  volume. 
The  proportions  for  brick  and  stone  masonry  shall  be  one  (1) 
part  cement  to  two  (2)  parts  sand;  for  pointing,  one  (1)  part 
cement  to  one  (1)  part  sand;  for  concrete  masonry,  as  specified 
under  the  head  of  concrete;  and  for  other  classes  of  work,  as 
directed  by  the  Engineer. 


49 


SUBDIVISION  10 
CONCRETE 

SECTION  No.  106.  The  concrete  shall  be  composed  of  gravel 
or  broken  stone,  or  a  mixture  of  both,  free  from  all  dust  and 
dirt,  mixed  with  the  proportion  of  mortar  specified  below.  The 
water  used  in  mixing  concrete  shall  be  clean,  fresh  water.  Salt 
water  will  not  be  permitted. 

SECTION  No.  107.  Sand  for  concrete  shall  be  of  the  kind 
specified  for  mortar  in  Subdivision  9. 

SECTION  No.  108.  Stone  for  concrete  shall  be  sound,  clean 
gravel,  or  sound,  hard,  broken  limestone  or  trap  rock,  or  a  mix- 
ture of  such  gravel  and  broken  stone.  If  a  mixture  of  gravel 
and  broken  stone  is  used  the  Engineer  may  require  that  the 
gravel  and  broken  stone  be  stored  separately  on  the  work  and 
mixed  in  single  batches  as  needed. 

SECTION  No.  109.  The  gravel  or  broken  stone  or  the  mix- 
ture of  gravel  and  broken  stone  shall  be  graded  from  fine  to 
coarse,  and  that  which  is  all  of  one  size,  or  practically  so,  shall 
not  be  used.  It  shall  be  screened  or  washed  so  as  to  remove 
all  dust,  and  it  shall  contain  no  pieces  that  will  pass  through 
a  hole  three-eighths  (^)  of  an  inch  in  diameter,  and  no  pieces 
that  will  not  pass  through  a  hole  one  and  three- fourths  (1%) 
inches  in  diameter.  Broken  stone  or  gravel  for  concrete,  graded 
as  above,  but  between  three-eighths  (%)  and  three-fourths  (^4) 
of  an  inch  in  diameter,  may  be  required  for  use  in  special  parts 
of  the  work. 

SECTION  No.  110.  The  proportion  of  sand  and  stone  (or 
gravel)  used  in  making  concrete  shall  be  by  volume  as  cast  into 
the  measuring  box.  Concrete  shall  be  in  the  proportion  of  one 
(1)  part  of  cement,  two  (2)  parts  of  sand  and  four  (4)  parts  of 
stone. 

SECTION  No.  111.  Concrete  shall  not  be  mixed  on  the  sur- 
face of  the  street  or  decking  on  the  line  of  the  work,  unless 
specifically  permitted,  but  the  mixing  shall  be  done  as  close  as 

50 


SPECIFICATIONS — CONCRETE 

practicable  to  the  work -so  as  to  avoid  too  great  a  lapse  of  time 
between  the  mixing  and  placing  of  the  concrete. 

SECTION  No.  112.  When  concrete  is  mixed  by  hand  the 
stone  or  gravel  shall  be  spread  on  a  platform  in  a  bed  about 
six  (6)  inches  thick,  and  shall  be  thoroughly  wet.  Sand  shall 
be  spread  on  a  platform  and  the  requisite  portion  of  cement 
spread  on  the  sand.  After  thoroughly  mixing  the  cement  and 
sand,  the  dry  mixture  thus  formed  shall  be  spread  evenly  over 
the  bed  of  stone  wet  as  above,  and  the  whole  turned  over  until 
thoroughly  mixed,  but  not  less  than  four  (4)  turnings  on  the 
mixing  board  will  be  allowed  in  any  case,  water  being  added  as 
necessary.  Care  shall  be  taken  to  keep  the  bed  of  concrete  wet 
and  avoid  piling. 

SECTION  No.  113.  Concrete  shall  be  placed  immediately 
after  mixing,  and  shall  be  thoroughly  compacted  throughout 
the  mass  by  ramming  or  spading,  special  tamping  bars  or  tools 
being  used  as  approved  by  the  Engineer.  The  amount  of  water 
used  in  making  the  concrete  shall  be  as  approved  by  the  En- 
gineer. 

SECTION  No.  114.  Concrete  shall  be  allowed  to  set  for 
twelve  (12)  hours,  or  more,  if  so  directed,  before  any  work 
shall  be  laid  upon  it ;  arid  no  walking  over  or  working  upon  it  will 
be  allowed  while  it  is  setting.  Concrete  shall  not  be  flooded 
with  water  before  it  has  thoroughly  set. 

SECTION  No.  115.  Before  laying  concrete  on  rock  surfaces 
the  latter  shall  be  swept  clean  of  all  debris  and  dirt,  and  when  laid 
on  earth  the  earth  shall  be  rammed  as  directed  before  placing 
the  concrete. 

SECTION  No.  116.  Wherever  a  section  of  concrete  is  neces- 
sarily left  unfinished,  leaving  a  surface  which  will  be  hard  set 
before  additional  concrete  can  be  laid,  care  shall  be  taken  to 
flush  the  cement  to  such  surface,  and  such  dovetails  or  grooves 
shall  be  formed  as  may  be  necessary  to  insure  a  good  bond 

51 


SPECIFICATIONS — CONCRETE 

with  the  new  work.  If  deemed  necessary  by  the  Engineer,  the 
joints  shall  be  reinforced  with  steel  bars  or  dowels,  furnished 
and  placed  by  the  Contractor  at  his  own  expense. 

SECTION  No.  117.  In  all  cases  of  joining  old  with  new  work 
the  old  surfaces  shall  be  thoroughly  cleaned  and  wet  and  if 
required,  a  coating  of  mortar  or  cement  shall  be  applied  before 
placing  the  concrete. 

SECTION  No.  118.  Suitable  forms  shall  be  provided  by  the 
Contractor  to  support  the  concrete  while  it  is  being  placed. 

SECTION  No.  119.  Forms  shall  be  set  true  to  line,  firmly 
secured,  and  shall  be  so  tight  as  to  prevent  water  in  the  mortar 
from  escaping;  they  shall  be  thoroughly  wet  before  the  con- 
crete is  placed  and  shall  be  removed  as  soon  after  the  concrete 
has  been  placed  as  in  the  judgment  of  the  Engineer  may  be  done 
with  safety  to  the  work. 

SECTION  No.  120.  It  is  intended  to  obtain  concrete  im- 
pervious to  water ;  the  concrete  shall  be  mixed  and  deposited 
with  this  end  in  view,  and  the  surface  of  the  concrete  shall  be 
troweled  as  may  be  directed  in  order  to  add  to  its  imperviousness. 

SECTION  No.  121.  Concrete  masonry,  except  in  Storm  Drain 
manholes,  will  be  measured  in  place  in  the  work  to  the  prescribed 
net  lines  ordered  by  the  Engineer  and  will  be  paid  for  at  the 
price  stipulated  in  Schedule  Item  6,  which  price  shall  include 
the  cost  of  all  scaffolding,  centers,  forms,  etc.,  and  removing 
the  same,  all  trowelling  where  required,  and  all  other  incidental 
work,  labor  and  material.  Where  called  for  on  the  contract 
drawings,  or  ordered  by  the  Engineer,  the  Contractor  shall  fur- 
nish and  place  steel  reinforcing  rods  or  bars,  of  the  length  and 
size,  and  in  the  location,  required.  Such  rods  and  bars  in  place 
will  be  paid  for  at  the  price  stipulated  in  Schedule  Item  211. 

All  pipes  or  other  objects,  encased  in  or  partially  surrounded 
by  the  concrete  masonry,  (with  the  exception  of  reinforcing 
rods  or  bars)  shall  be  deemed  to  lie  outside  of  the  ordered  net 
lines,  and  their  volume  shall  not  be  included  in  that  allowed  for 
payment. 

52 


SUBDIVISION  11 
BRICK    MASONRY 

SECTION  No.  122.  Bricks  for  masonry  shall  be  of  the  best 
quality  common  bricks  burned  hard  entirely  through,  regular 
and  uniform  in  shape  and  size  and  of  compact  texture. 

SECTION  No.  123.  All  brick  masonry  shall  be  laid  in  mortar 
of  the  quality  described  in  Subdivision  9,  except  that  in  ex- 
posed locations  coloring  matter  may  be  added,  if  required  by  the 
Engineer.  The  bricks  shall  be  laid  to  line  with  joints  in  the  face 
work  not  exceeding  one-quarter  (%)  of  an  inch  in  the  beds,  and 
three-eighths  (^)  of  an  inch  on  ends ;  the  bricks  shall  be  thor- 
oughly wet  before  laying  and  shall  be  completely  imbedded  in 
mortar  under  the  bottom  and  on  the  sides  and  ends  at  one  opera- 
tion, care  being  taken  to  have  every  joint  full  of  mortar. 

All  exterior  surfaces  shall  be  smooth  and  regular. 

SECTION  No.  124.  The  inside  faces  of  all  exposed  parts 
shall  have  all  the  mortar  scraped  off,  shall  be  washed  clean 
immediately  after  the  centers  have  been  struck,  and  shall  be 
pointed  and  left  in  neat  condition. 

SECTION  No.  125.  All  bricks  of  whatever  nature  shall  be 
carefully  culled  and  if  necessary  gauged  before  laying,  at  the 
expense  of  the  Contractor.  No  "bats"  shall  be  used  except  in 
large  masses  of  brick-work,  where  a  moderate  proportion,  to 
be  determined  by  the  Engineer,  may  be  used,  but  nothing  smaller 
than  half  bricks. 

SECTION  No.  126.  All  unfinished  work  shall  be  racked  back 
or  toothed,  as  directed  by  the  Engineer,  and  before  new  work 
is  joined  to  it  the  faces  of  the  brick  in  the  old  work  shall  be 
scraped  entirely  clean,  scrubbed  with  a  stiff  brush  and  shall  be 
well  moistened. 

SECTION  No.  127.  The  cost  of  brick  masonry  of  whatever 
kind  is  deemed  to  be  included  in  the  prices  stipulated  for  vitri- 
fied and  cast-iron  drain  pipe  in  Schedule  Items  17  and  ly-A. 

53 


SUBDIVISION  12 
STEEL  AND  IRON 

SECTION   No.   128.     Steel  shall  be  made  by  the  open-hearth 
process. 

SECTION  No.   129.     The  chemical  and  physical  properties  of 
finished  material  shall  conform  to  the  following  limits : 


Properties. 

Structural 
Steel. 

Rivet 
Steel. 

Steel 
Castings. 

Phos     (Max) 

04% 

04% 

05% 

Sulph.        "         
Mn.             "         
Si.              "         
Ult.    Str  

.05% 
.60% 
.10% 
60000+4000 

.04% 
.60% 
.10% 
50000+4000 

.05% 
.80% 
.35% 
65000  (Min.) 

Yield  Point  (Min.)  
Elongation,  Min.  %  in  8 

55%  Ult. 
1500000 

55%  Ult. 
1500000 

35000 

Elongation,  Min.  %  in  2 
inches 

Ult.  Ten.  Str. 

Ult.  Ten.  Str. 

20% 

Fracture 

Silky 

Silky 

Silky    or 

Cold       Bends       without 
Fracture 

180°  flat 

180°  flat 

Fine  granular 
120°  (d=3t  ) 

WROUGHT  IRON 

SECTION  No.  130.  All  wrought  iron  shall  be  double  rolled, 
tough,  fibrous  and  uniform  in  character.  It  shall  be  thoroughly 
welded  in  rolling  and  shall  be  free  from  surface  defects. 

Standard  test  specimens  shall  show  an  ultimate  strength 
of  at  least  fifty  thousand  (50,000)  pounds  per  square  inch,  and 
an  elongation  of  at  least  eighteen  per  centum  (18%)  in  eight 
(8)  inches,  with  fracture  wholly  fibrous.  Specimens  shall  bend 
cold  with  the  fibre,  through  one  hundred  and  thirty-five  degrees 
(135°),  without  sign  of  fracture,  with  inner  radius  not  to  ex- 
ceed the  thickness  of  the  piece  tested.  When  nicked  and  bent 
the  fracture  shall  show  at  least  ninety  per  centum  (90%)  fibrous. 


54 


SPECIFICATIONS — STEEL    AND    IRON 

CAST   IRON 

SECTION  No.  131.  Cast  iron  shall  be  tough,  gray  iron  made 
by  the  cupola  process  and  shall  contain  not  more  than  six-tenths 
per  centum  (0.6%)  of  phosphorus  and  not  more  than  twelve 
one-hundredths  per  centum  (0.12%)  of  sulphur.  No  mill  cinder 
iron,  white  or  burnt  iron  or  inferior  scrap  of  any  kind  will  be 
permitted  in  the  composition. 

The  quality  of'  the  iron  entering  into  castings  shall  be  deter- 
mined by  means  of  the  "Arbitration  Bar."  This  is  a  bar  one 
and  one-fourth  (1J4)  inches  in  diameter  and  fifteen  (15)  inches 
long,  cast  under  the  same  circumstances  as  those  which  attended 
the  casting  of  the  full-sized  piece.  This  bar  shall  sustain  at  the 
center,  when  resting  upon  two  dull  knife  edges  twelve  (12) 
inches  apart,  a  load  of  three  thousand  (3000)  pounds  with  a 
deflection  of  at  least  one-tenth  (1/10)  of  an  inch  before  rup- 
ture. 

Two  (2)  sets  of  two  (2)  bars  shall  be  cast  from  each  heat; 
one  set  from  the  first  and  the  other  set  from  the  last  iron  en- 
tering into  the  castings.  Each  set  of  two  bars  shall  be  made  in 
a  single  mold. 

SECTION  No.  132.  Castings  must  be  sound,  true  to  pattern, 
free  from  cracks,  flaws  and  excessive  shrinkage,  and  shall  have 
smooth,  clean  surfaces.  They  must  be  neatly  chiseled  and  wire- 
brushed  before  leaving  the  foundry.  Castings  which  do  not  ac- 
curately conform  to  dimensions  on  the  drawings  will  be  rejected. 
Each  casting  shall  have  its  distinguishing  letter  or  number  cast 
on  it  at  the  place  indicated  on  the  drawings. 

WORKMANSHIP 

SECTION  No.  133.  The  workmanship  shall  be  equal  to  the 
best  practice  in  modern  bridge  works. 

SECTION  No.  134.  The  Inspector  shall  make  detailed  re- 
ports of  his  inspection  to  the  Engineer  and  may  notify  the  Con- 

55 


SPECIFICATIONS — STEEL    AND    IRON 

tractor  of  any  defects  in  the  material  or  workmanship,  but  all 
acceptances  made  by  him  shall  be  considered  temporary,  and 
his  inspection  shall  in  no  way  relieve  the  Contractor  of  full 
responsibility  for  the  character  and  accuracy  of  the  work. 

SECTION  No.  135.  The  Contractor  shall  be  responsible  for 
all  errors  which  can  be  discovered  by  checking  or  examining 
the  drawings. 

SECTION  No.  136.  Payment  for  steel  will  be  made  at  the 
price  stipulated  in  Schedule  Item  21,  which  price  shall  include 
the  cost  of  material  delivered  and  erected  in  the  work,  of  all 
necessary  cleaning  and  of  all  other  incidental  work.  The  quan- 
tity of  metal  to  be  paid  for  shall  be  the  weight  actually  placed 
in  accordance  with  the  drawings  or  orders. 

SECTION  No.  137.  For  miscellaneous  castings  payment  will 
be  made  at  the  price  stipulated  in  Schedule  Item  25,  which 
price  shall  include  the  cost  of  material  delivered  and  erected  in 
the  work;  also  the  cost  of  all  necessary  cleaning  and  painting 
(where  painting  is  required)  and  of  all  other  incidental  work, 
labor  and  material. 


56 


SUBDIVISION  13 
SURFACES   RESTORED 

SECTION  No.  138.  As  soon  as  the  structure  in  any  excavation 
or  trench  made  within  a  street  shall  be  completed  and  the  trench 
backfilled,  a  temporary  pavement  shall  be  laid  and  maintained 
in  a  condition  satisfactory  to  the  Engineer;  and  after  the  earth 
shall,  in  the  opinion  of  the  Engineer,  have  become  sufficiently 
settled,  the  Contractor  shall  proceed  to  restore  the  surface  to 
a  condition  similar  to,  and  equally  as  good  as,  that  existing 
previous  to  the  commencement  of  construction. 

All  the  requirements  as  to  street  surface  restored  shall  apply 
to  the  trenches  for  sewers,  pipes  or  other  subsurface  structures 
along  or  off  the  route  of  the  Storm  Drain. 

SECTION  No.  139.  Payment  for  street  surface  restored  of 
whatever  character  and  work,  labor  and  material  incidental 
thereto,  such  as  restoring  manhole  heads  and  covers,  trees,  etc., 
(except  as  included  in  Schedule  Item  25)  and  such  as  provid- 
ing and  maintaining  all  temporary  surfaces  that  may  be  neces- 
sary to  maintain  traffic  pending  the  final  placing  of  the  permanent 
paving,  will  be  made  at  the  price  stipulated  in  Schedule  Item 
30  (h), 

The  foregoing  provisions  of  this  Subdivision  apply  only  to 
the  restoration  of  street  surfaces  where  paved  roadways,  gutters 
or  sidewalks  actually  exist  at  the  time  of  the  delivery  of  this 
contract.  In  cases  where  only  the  ordinary  dirt  roadway  or 
sidewalks  exist  and  in  cases  where  no  roadway  or  sidewalks 
exist,  the  Contractor  will  be  required  to  backfill  and  restore 
such  surfaces  to  their  original  grades  and  conditions  at  his  own 
expense  except  that  for  restoring  curbs  where  only  the  ordinary 
dirt  roadway  or  sidewalks  exist,  payment  will  be  made  at  the 
price  stipulated  in  Schedule  Item  30  (o),  which  price  shall  in- 
clude all  incidental  work,  labor  and  material. 

SECTION  No.  140.  The  measurement  for  payment  for  street 
surface  restored  will  be  to  the  ordered  net  lines  of  excavation. 

SECTION  No.  141.  All  other  street  surface  outside  the  or- 
dered net  lines  of  excavation,  either  along  or  off  the  route  of  the 

57 


SPECIFICATIONS SURFACES     RESTORED 

Storm  Drain,  that  may  have  become  damaged,  directly  or  in- 
directly, as  a  result  of  the  Contractor's  operations,  shall  be  re- 
stored by  the  Contractor  at  his  own  cost  and  expense  to  a  con- 
dition similar  to  and  equally  as  good  as  that  existing  previous 
to  the  commencement  of  construction. 


58 


SUBDIVISION  14 
DRAIN    PIPES   AND   MANHOLES 

SECTION  No.  142.  Unless  otherwise  ordered  by  the  Engi- 
neer, the  drain  pipe  shall  consist  of  hub  and  spigot  vitrified  earth- 
enware pipe  of  the  quality  hereinafter  specified.  Connections 
shall  consist  of  vitrified  earthenware  pipe  and  cast-iron  soil  pipe 
of  the  quality  hereinafter  specified.  Outlets  shall  include  one 
length  of  cast-iron  pipe.  Pipes  shall  be  laid  as  required  by 
these  Specifications  and  as  shown  on  the  contract  drawings,  or 
as  directed  by  the  Engineer. 

SECTION  No.  143.  Except  in  special  cases  all  pipes  shall  be 
laid  in  the  earth  at  the  bottom  of  the  trench  accurately  to  the 
lines  and  grades  furnished.  Bearing  shall  be  taken  upon  the 
barrel  of  each  pipe  for  its  entire  length,  and  in  no  case  shall  the 
pipe  take  bearing  upon  the  hub  alone.  No  boulders,  concrete 
or  other  hard  object  shall  be  permitted  within  six  (6)  inches 
of  the  outside  surface  of  the  pipe  in  any  direction,  except  where 
the  pipe  is  encased  in  concrete,  unless  otherwise  directed  by 
the  Engineer.  The  ends  of  the  pipe  shall  abut  against  each 
other  in  such  manner  that  there  shall  be  no  shoulder  or  uneven- 
ness  of  any  kind  along  the  invert  of  the  drain.  The  joints  shall 
be  made  with  Portland  cement  mortar,  composed  of  one  (1) 
part  of  cement  and  one  (1)  part  of  sand,  and  shall  be  as  nearly 
water  tight  as  possible.  The  procedure  in  making  the  joint 
shall  be  as  follows: 

Before  inserting  the  spigot  end  of  the  pipe  into  the  hub  or 
socket,  the  lower  half  of  each  socket  shall  be  plastered  on  the 
inside  with  a  layer  of  cement  mortar  mixed  as  above  specified. 
Into  this  shall  be  pressed  the  loop  of  a  hemp  or  jute  gasket  of 
one  continuous  piece  long  enough  to  surround  the  pipe,  and  of 
such  thickness  as  to  bring  the  pipe  to  the  required  relative  posi- 
tion. The  gasket  shall  be  of  untarred  jute  or  hemp,  and  shall 
be  soaked  in  a  satisfactory  mixture  of  neat  Portland  cement 
and  water.  The  spigot  end  of  the  next  pipe  shall  then  be  in- 
serted and  the  upper  half  of  the  socket  filled  with  cement  mortar, 
after  which  the  ends  of  the  gasket  shall  be  brought  up  over  the 

59 


SPECIFICATIONS DRAIN    PIPES    AND    MANHOLES 

pipe,  and  the  gasket  forced  into  the  mortar  with  a  suitable  caulk- 
ing tool  and  carefully  caulked  in  place.  The  remainder  of  the 
joint  shall  be  filled  with  cement  mortar  applied  with  the  hands, 
protected  with  rubber  mittens,  well  pressed  and  caulked  into  place, 
after  which  the  joint  shall  be  beveled  off  with  mortar  for  a  dis- 
tance of  two  (2)  inches  from  the  outer  edge  of  the  bell.  The 
joint  shall  be  wrapped  in  unbleached  cotton  cloth,  securely  tied 
to  prevent  the  mortar  from  slipping  or  being  otherwise  injured. 
No  surplus  mortar  or  other  foreign  substance  shall  project  into 
the  pipe  from  the  joints,  and  each  joint  shall  be  properly  cleaned 
with  a  suitable  scraper  or  by  other  approved  means  before  the 
mortar  becomes  hardened. 

The  ends  of  the  pipe  which  enter  masonry  shall  be  neatly 
cut  to  fit  the  face  of  the  masonry.  When  directed,  such  cutting 
shall  be  done  before  the  pipes  are  built  in. 

SECTION  No.  144.  When  the  trench  is  properly  prepared  and 
before  laying  any  drain,  the  Contractor  shall  notify  the  Engi- 
neer, who  will  thereupon  cause  the  grades  for  the  drain  to  be 
tested,  and  if  correct  the  drain  shall  then  be  laid  in  the  presence 
of  the  Inspector,  and  no  construction  work  shall  be  done  in  his 
absence.  All  materials  and  labor  required  by  the  Engineer  in 
connection  with  providing  suitable  lines  and  grades  for  the  work 
shall  be  furnished  by  the  Contractor  at  his  own  expense. 

The  trenches  shall  be  kept  entirely  free  from  water  while 
the  foundation  and  masonry  are  being  constructed  and  the  drain 
laid.  In  no  case  shall  water  be  allowed  to  flow  over  the  invert 
or  foundation  or  through  the  drain  until  the  mortar  is  thor- 
oughly set. 

SECTION  No.  145.  Where  shown  on  the  contract  drawings 
or  as  directed  by  the  Engineer,  double  or  single  wye  branches 
shall  be  laid  for  connections  to  the  existing  or  proposed  arch 
drains. 

SECTION  No.  146.  Connections  shall  be  laid  as  shown  on  the 
contract  drawings  or  as  directed  by  the  Engineer,  to  the  lines  and 
grades  given.  The  connections  shall  be  of  six  (6)  inch  vitrified 

60 


SPECIFICATIONS DRAIN    PIPES    AND    MANHOLES 

pipe  and  six  (6)  inch  extra  heavy  soil  pipe,  as  shown,  with 
proper  curved  pipe  connections.  Where  the  new  work  con- 
nects with  the  existing  arch  drains  at  the  base  of  the  columns, 
the  Contractor  shall  cut  away  the  existing  concrete  where  neces- 
sary, and  shall  connect  the  new  six  (6)  inch  soil  pipe  to  the 
existing  drain  with  a  lead  joint,  properly  caulked.  All  other 
joints  in  the  connections  shall  be  made  of  Portland  cement  in 
the  manner  hereinbefore  prescribed. 

SECTION  No.  147.  At  joints  between  the  old  and  the  new 
work,  and  as  shown  on  the  drawings  or  as  directed  by  the 
Engineer,  the  connection  shall  be  encased  in  concrete. 

SECTION  No.  148.  After  the  pipes  have  been  jointed  and 
the  joints  have  become  sufficiently  set,  earth  backfill  shall  be 
placed  about  the  pipe  as  specified  in  Subdivision  6.  Selected 
fine  material  shall  be  used  for  the  backfill  about  the  pipe,  and 
no  stone,  concrete  or  other  hard  material  shall  be  used  for  back- 
filling until  the  pipe  shall  have  been  covered  to  a  minimum  depth 
of  one  (1)  foot,  and  then  only  as  hereinbefore  provided. 

SECTION  No.  149.  The  exposed  ends  of  the  drain  shall  in 
all  cases  be  protected  with  a  board  or  other  stopper  carefully 
fitted  to  the  pipe,  to  prevent  earth  or  other  substance  from  wash- 
ing in,  and  in  no  case  shall  brick  or  stone  be  used  for  that  pur- 
pose. 

SECTION  No.  150.  If  in  the  opinion  of  the  Engineer  it  is 
found  impracticable  during  the  progress  of  the  work  to  construct 
any  part  or  parts  of  the  Storm  Drain,  including  manholes  or 
other  appurtenances,  according  to  the  contract  drawings,  owing 
to  the  presence  of  unknown  subsurface  structures  or  other  con- 
tingencies, the  Contractor  shall  construct  such  drains,  manholes 
or  appurtenances  in  the  location  given  by  and  according  to  the 
directions  of  the  Engineer. 

SECTION  No.  151.  Where  shown  upon  the  contract  draw- 
ings, or  as  required  by  the  Engineer,  the  Contractor  shall  build 

61 


SPECIFICATIONS DRAIN    PIPES    AND    MANHOLES 

foundations  of  plain  or  reinforced  concrete,  and  shall  also  place 
a  protective  covering  of  concrete  about  the  Storm  Drain  or  its 
connections.  Such  foundations  or  protection,  whether  of  plain 
or  reinforced  concrete  will  be  paid  for  at  the  price  stipulated  in 
Schedule  Item  6. 

SECTION  No.  152.  Under  certain  circumstances  it  may  be 
necessary  to  excavate  the  trenches  for  the  Storm  Drain  below 
the  established  grade  to  reach  a  proper  foundation.  In  such 
an  event  the  Engineer  may  require  a  concrete  foundation  as 
provided  in  the  preceding  Section  or  he  may  require  that  the 
trench  be  refilled  with  suitable  earth  or  stone  or  gravel.  Where 
additional  excavation  is  required,  payment  will  be  made  for 
the  volume  between  a  plane  six  (6)  inches  below  the  invert  of  the 
drain  as  laid,  and  the  ordered  line  for  such  additional  excava- 
tion, for  the  ordered  net  width  of  excavation  for  the  trench. 
Where  stone  or  gravel  refill  is  required,  payment  will  be  made 
at  the  price  stipulated  in  Schedule  Item  14  for  that  volume  in- 
cluded within  the  net  lines  of  such  refill  as  ordered  by  the  Engi- 
neer. Where  earth  refill  is  required,  payment  therefor  will  be 
deemed  to  be  included  in  the  prices  stipulated  for  excavation 
in  Schedule  Items  2-A  and  3-A. 

Should  the  Contractor,  for  any  purpose,  excavate  below  the 
established  net  lines  at  places  not  ordered  by  the  Engineer,  he 
shall  at  his  own  expense  refill  the  excavation  in  accordance 
with  the  orders  of  the  Engineer. 

SECTION  No.  153.  At  the  ends  of  the  temporary  outlets 
the  Contractor  shall  build  a  contrete  bulkhead  with  apron  and 
paving  as  shown  on  the  contract  drawings.  Payment  for  the 
bulkhead  and  apron  will  be  made  at  the  price  stipulated  in 
Schedule  Item  6.  Payment  for  the  pavement  will  be  made  at 
the  price  stipulated  in  Schedule  Item  14. 

SECTION  No.  154.  Tile  pipe  drains  shall  be  built  of  vitrified, 
salt  glazed  stone-ware  pipe,  with  extra  deep  and  wide  sockets  and 
corrugated  spigot  ends.  The  pipe  shall  be  of  the  best  quality, 
thoroughly  and  perfectly  burnt,  without  warps,  cracks  or  im- 

62 


SPECIFICATIONS DRAIN    PIPES    AND    MANHOLES 

perfections,  well  and  smoothly  glazed  over  the  entire  inner  and 
outer  surfaces  and  perfect  in  shape. 

SECTION  No.  155.  The  sizes  of  the  pipes  shall  be  designated 
by  their  interior  diameters.  Each  pipe  shall  be  a  true  cylinder, 
of  even  thickness  throughout,  and  shall  conform  to  the  following 
scheduled  dimensions : 


DOUBLE   STRENGTH   TILE   PIPE;   EXTRA  DEEP  AND   WIDE 

SOCKETS 


Diameter. 

Thickness 
of  shell. 

Depth  of 
socket. 

Length  of 
plain, 
straight  pipe. 

Weight  of 
pipe 
per  ft. 

Annular 
space. 

6" 

5^" 

2^" 

2' 

16  Ibs. 

5/8" 

8" 

24" 

2  24" 

3' 

25    " 

5/8" 

10" 

7A" 

2  24" 

3' 

37    " 

12" 

i" 

3" 

3' 

45    " 

5^" 

15" 

1/4" 

3" 

3' 

75    " 

5^" 

18" 

1>£" 

3M" 

3' 

118    " 

5/8" 

20" 

1  2/3" 

3^" 

3' 

148    " 

5/s" 

22" 

1  5/6" 

3^4" 

3' 

157   " 

%" 

24" 

2" 

4" 

3' 

190   " 

5/S" 

SECTION  No.  156.  All  "special"  vitrified  pipe  shall  conform 
to  the  dimensions  given  for  plain,  straight  pipe. 

SECTION  No.  157.  Pipes  having  spurs  not  less  than  six  (6) 
inches  in  diameter  with  hubs  moulded  thereon  for  connections 
shall  be  furnished  and  laid  at  such  points  as  indicated  on  the 
drawings  or  as  directed  by  the  Engineer,  and  when  not  imme- 
diately used,  they  shall  be  sealed  on  the  outside  with  approved 
vitrified  earthenware  covers  set  in  mortar. 

SECTION  No.  158.  The  soil  pipe  shall  be  cast-iron  pipe  of 
the  quality  known  as  "extra  heavy."  The  pipes  shall  be  cylindri- 
cal in  shape,  of  even  thickness  throughout,  with  well  moulded 

63 


SPECIFICATIONS DRAIN    PIPES    AND    MANHOLES 

bells  or  hubs  attached,  and  free  from  sand  or  blow  holes  or 
other  imperfections.  All  bends,  tees,  branches  and  other  spe- 
cial fittings  shall  conform  to  the  above  qualifications  so  far  as 
they  apply. 

SECTION  No.  159.  The  masonry  of  manholes  shall  be  carried 
up  so  that  the  top  of  the  iron  head  when  set  shall  be  at  the  level 
of  the  established  grade  of  the  street  at  that  point  or  to  such 
height  as  the  Engineer  may  direct,  and  from  templates  correctly 
made  and  set  at  top  and  bottom,  between  which  not  less  than 
eight  (8)  lines  shall  be  drawn.  All  joints  shall  be  neatly  struck 
and  pointed  on  the  inside.  Each  manhole  shall  be  plastered 
thoroughly  on  the  outside  with  cement  mortar  one  (1)  inch  in 
thickness,  mixed  in  the  proportion  of  one  part  of  cement  to  two 
parts  of  sand. 

SECTION  No.  160.  Generally  the  foundations  for  manholes 
shall  be  of  concrete  not  less  than  twelve  (12)  inches  below  the 
invert  elevation  of  the  drain.  When  any  foundation  additional 
to  that  indicated  on  the  drawings  is  required,  it  shall  be  built  as 
directed  by  the  Engineer. 

SECTION  No.  161.  Drain  pipes  shall  be  built  in  and  trimmed, 
when  necessary,  so  as  to  be  flush  with  the  inner  face  of  the  man- 
hole and  an  arch,  laid  in  cement  mortar,  shall  be  turned  over 
the  pipe. 

SECTION  No.  162.  The  invert  shall  be  built  of  vitrified  brick 
or  concrete  masonry,  as  indicated  on  the  contract  drawings. 

SECTION  No.  163.  A  reasonable  number  of  bats  not  smaller 
than  half  bricks  may  be  used  in  the  construction  of  manholes  or 
receiving  basins,  provided  all  interstices  are  thoroughly  filled  with 
mortar. 

SECTION  No.  164.  Standard  steps  of  good  quality  of  galvan- 
ized wrought  iron,  of  the  size,  length  and  shape  required  for 
steps,  shall  be  built  into  the  interior  sides  of  all  manholes  at  a 

64 


SPECIFICATIONS DRAIN    PIPES    AND    MANHOLES 

distance  apart  of  not  more  than  fifteen  (15)  inches  vertically  and 
they  shall  be  so  arranged  that  the  lowest  step  shall  be  not  more 
than  two  (2)  feet  above  the  bench  at  the  bottom  of  the  man- 
holes nor  more  than  two  (2)  feet  above  the  invert  of  the  drain 
where  there  is  no  bench.  Each  manhole  head  shall  be  cast  with 
a  wrought-iron  step  on  the  inside,  when  directed  by  the  Engineer. 

SECTION  No.  165.  A  cast-iron  manhole  head  and  cover  of 
the  quality  specified  for  cast  iron,  and  of  the  pattern  shown 
on  the  contract  drawings,  and  in  dimensions,  weight  and  all 
other  respects  satisfactory  to  the  Engineer  shall  be  fitted  on  a 
bed  of  mortar  to  each  of  the  above  described  manholes.  Man- 
hole heads  and  covers  which  do  not  conform  to  these  specifica- 
tions shall  be  removed  at  once  from  the  work. 

SECTION  No.  166.  Covers  to  be  used  on  manholes  in  the 
street  and  parked  places  shall  be  perforated.  Those  used  on 
sidewalk  manholes  shall  be  tight-fitting,  without  perforations. 

SECTION  No.  167.  Each  manhole  head  and  cover  shall  have 
its  weight  distinctly  marked  upon  it  with  oil  paint.  The  following 
shall  be  allowed  as  the  minimum  and  maximum  weights : 

Street  manhole  head,  475  to  500  pounds ; 
Street  manhole  cover,  135  to  150  pounds; 
Sidewalk  manhole  head,  300  to  310  pounds; 
Sidewalk  manhole  cover,  100  to  110  pounds. 

SECTION  No.  168.  In  the  places  shown  on  the  contract 
drawings  as  parked  space,  manhole  heads  and  covers  of  the 
weight  specified  for  sidewalk  heads  and  covers  shall  be  used. 
Where  manholes  are  built  in  the  roadway,  the  weights  shall  be 
as  specified  for  street  manhole  heads  and  covers.  All  heads 
and  covers  shall  be  cast  in  accordance  with  the  contract  draw- 
ings. 

SECTION  No.  169.  Payment  for  manhole  heads,  covers  and 
steps  will  be  made  at  the  price  stipulated  in  Schedule  Item  25, 

65 


SPECIFICATIONS DRAIN    PIPES    AND    MANHOLES 

which  price  shall  include  the  cost  of  all  work,  labor  and  material 
applicable  thereto. 

SECTION  No.  170.  Main  drains  shall  be  measured  from  the 
center  of  one  manhole  to  the  center  of  the  next  adjacent  man- 
hole, along  the  axis  of  the  pipe.  Connections  shall  be  measured 
from  the  nearest  end  of  the  existing  column  drain  to  the  center 
line  of  the  main  drain,  along  the  axis  of  the  pipe,  except  that  for 
connections  entering  manholes  the  measurement  shall  be  from 
the  existing  drain  to  the  nearest  interior  face  of  the  manhole, 
along  the  axis  of  the  pipe.  Where  the  connection  is  not  attached 
to  the  existing  structure,  the  measurement  shall  be  from  the  end 
of  the  connection  as  laid  to  the  center  line  of  the  main  drain,  or 
inside  face  of  the  manhole  as  the  case  may  be.  Outlets  shall  be 
measured  from  the  center  line  of  the  nearest  manhole  to  the  ex- 
terior face  of  the  outlet. 

SECTION  No.  171.  Payment  for  drains  and  their  connections 
will  be  made  for  drain  complete  at  the  prices  stipulated  in 
Schedule  Item  17  and  Schedule  Item  17- A.  These  prices  shall 
include  the  cost  of  bends,  branches  and  specials  complete,  of 
manholes,  foundations  for  manholes,  inverts  of  whatever  char- 
acter, brickwork  and  plastering,  and  all  other  work,  labor  and 
material  necessary  for  installing  the  drain  pipes  in  place,  except 
as  herein  elsewhere  specifically  provided. 


66 


SUBDIVISION    15 
SPECIAL  MATTERS 

SECTION  No.  172.  The  provisions  of  this  subdivision  are 
for  the  purpose  of  covering  matters  which  are  special  to  this 
contract  and  which  are  not  fully  covered  in  the  general  specifica- 
tions, but  except  as  herein  otherwise  expressly  provided  the  fore- 
going general  specifications  are  to  be  construed  as  applying  to 
matters  under  this  subdivision.  In  case  of  any  conflict  between 
the  provisions  of  the  foregoing  general  specifications  and  the 
provisions  of  this  subdivision,  the  provisions  of  this  subdivision 
shall  govern. 

At  various  points  along  the  Storm  Drain  it  will  be  necessary 
to  make  an  earth  fill  over  the  drain.  Such  fill  shall  be  composed 
of  and  deposited  in  accordance  with  the  requirements  of  Sub- 
divisions 6  and  14.  The  net  lines  of  such  fill  will  be  as  deter- 
mined by  the  Engineer  and  payment  will  be  made  at  the  price 
stipulated  for  earth  excavation  in  Schedule  Item  2-A,  which 
price  shall  include  the  cost  of  all  incidental  work,  labor  and 
material. 


67 


CHAPTER  IV 
SECURITY  TO  BE  FURNISHED  BY  CONTRACTOR 

ARTICLE  XXVII.  Simultaneously  with  the  execution  and 
delivery  of  this  contract  the  Contractor  shall  give  security  for 
the  performance  of  his  obligation  by  filing  with  the  Comptroller 
a  bond  in  the  form  annexed  hereto  and  entitled  "Form  of 
Contractor's  Bond,"  executed  by  the  Contractor  and  by  two 
or  more  sureties  to  be  corporations  or  persons  approved  by  the 
Commission,  in  the  sum  of  three  thousand  dollars  ($3,000). 
The  execution  of  the  bond  must  be  duly  proved  before  the 
delivery  of  the  bond  in  the  form  of  proof  essential  to  entitle  a 
deed  to  record  in  the  State  of  New  York  and  full  affidavits  of 
justification  of  the  sureties  must  be  added.  In  case  any  of  the 
sureties  upon  the  bond  shall  become  insolvent  or  unable  in  the 
opinion  of  the  Commission  to  pay  promptly  the  amount  of  such 
bond  to  the  extent  to  which  such  surety  might  be  liable,  then  the 
Contractor  within  ten  (10)  days  after  notice  by  the  Commission 
to  the  Contractor  shall,  by  supplemental  bond  or  otherwise,  sub- 
stitute another  and  sufficient  surety  approved  by  the  Commission 
in  place  of  the  surety  so  insolvent  or  unable.  If  the  Contractor 
shall  fail  within  such  ten  (10)  days  or  such  further  time,  if 
any,  as  the  Commission  may  grant  to  substitute  another  and 
sufficient  surety,  then  the  Contractor  shall,  if  the  Commission  so 
elect,  be  deemed  to  be  in  default  in  the  performance  of  his  obli- 
gations hereunder  and  upon  the  said  bond,  and  in  addition  to 
any  and  all  other  remedies  the  Commission  may  terminate  this 
contract  or  may  bring  any  proper  suit  or  proceeding  against 
the  Contractor  and  the  sureties  or  either  of  them  or  may  require 
the  Comptroller  to  deduct  from  any  moneys  then  due  or  which 
thereafter  may  become  due  to  the  Contractor  under  this  contract 
the  amount  for  which  the  surety  insolvent  or  unable  as  aforesaid 
shall  be  held  and  bound  upon  the  bond;  and  the  moneys  so 
deducted  shall  be  held  by  the  Comptroller  as  collateral  security 


SECURITY  TO  BE  FURNISHED  BY  CONTRACTOR 

for  the  performance  of  the  condition  of  the  bond  and  such  moneys 
shall  in  such  case  be  deemed  to  have  been  paid  to  the  Contractor 
upon  this  contract. 

ARTICLE  XXVIII.  The  Contractor  may,  upon  the  approval 
of  the  Commission,  deposit  with  the  Comptroller  in  lieu  of  said 
bond  cash  equal  in  amount  to  the  entire  amount  of  the  said  bond 
or  securities  which  are  worth  not  less  than  the  entire  amount  of 
such  bond.  If  securities  be  deposited,  they  shall  be  securities 
which  are  lawful  for  the  investment  of  funds  of  savings  banks 
within  the  State  of  New  York  and  shall  be  approved  by  the 
Commission.  A  schedule  of  such  securities  with  their  values 
shall  be  annexed  hereto  and  entitled  Schedule  of  Securities,  and 
there  shall  be  deposited  with  such  securities  the  written  approval 
of  the  Commission  which  it  shall  give  when  satisfied  as  to  the 
character  and  value  thereof.  All  securities  when  deposited  must 
be  payable  to,  or  run  in  favor  of,  or  be  transferred  to,  the 
Comptroller.  In  case  any  of  the  securities  so  deposited  shall, 
in  the  opinion  of  the  Commission,  at  any  time  cease  to  be  of 
the  character  of  securities  which  are  lawful  for  the  investment 
of  the  funds  of  savings  bank  within  the  State  of  New  York  or 
shall  in  the  opinion  of  the  Commission  at  any  time  become  of 
less  value  than  the  value  stated  for  it  or  them  in  the  said  sched- 
ule, then  within  ten  (10)  days  after  notice  to  the  Contractor  of 
the  objection  of  the  Commission,  the  Contractor  shall  either  sub- 
stitute therefor  securities  which  shall  be  approved  by  the  Com- 
mission as  of  the  character  aforesaid  and  as  being  of  at  least 
the  value  of  the  former  securities  to  which  the  Commission 
shall  have  objected  as  such  value  was  originally  stated  in  the 
said  schedule  or  shall  deposit  with  the  Comptroller  in  cash  the 
amount  of  such  value  of  such  former  securities  as  so  originally 
stated.  In  case  the  Contractor  shall  not  within  such  ten  (10) 
days  or  such  further  time,  if  any,  as  the  Commission  may  grant 
substitute  such  new  securities  or  make  such  deposit  of  cash,  he 
shall,  if  the  Commission  so  elect,  be  deemed  to  be  in  default  in 
the  performance  of  his  obligations  under  this  contract;  and  in 
addition  to  any  and  all  other  remedies  against  the  Contractor, 
the  Commission  may  require  the  Comptroller  to  deduct  from 

69 


SECURITY  TO  BE  FURNISHED  BY  CONTRACTOR 

any  moneys  then  due  or  which  thereafter  may  become  due  to 
the  Contractor  under  this  contract  the  amount  of  the  original 
valuation  of  such  securities  objected  to,  and  to  hold  such 
amount  in  lieu  of  such  securities  as  if  part  of  the  original  de- 
posit or  as  if  deposited  with  the  Comptroller  as  aforesaid,  and 
such  moneys  shall  in  such  case  be  deemed  to  be  paid  to  the 
Contractor  upon  this  contract.  The  securities  so  objected  to 
shall  upon  such  substitution  of  securities  or  deposit  of  cash  in 
lieu  thereof  be  returned  to  the  Contractor. 

The  City  shall  from  time  to  time  collect  all  interest,  dividends 
and  other  income  on  any  securities  deposited  by  the  Contractor 
and  shall  pay  the  same,  when  and  as  collected,  to  the  Contractor. 
If  the  securities  are  in  the  form  of  coupon  bonds,  the  coupons 
as  they  respectively  become  due  shall  be  delivered  to  the  Con- 
tractor. If  the  deposit  be  made  in  cash,  interest  shall  be  paid 
to  the  Contractor  on  such  deposit  at  the  average  rate  of  interest 
received  by  the  City  on  its  bank  balances  during  such  period. 
Provided,  however,  that  the  Contractor  shall  not  be  entitled  to 
interest,  dividends  or  other  income  on  any  cash  which  shall  be 
used  or  applied  as  hereinafter  provided  or  on  any  securities  the 
proceeds  of  which  shall  be  used  or  applied  as  hereinafter  pro- 
vided. 

ARTICLE  XXIX.  The  said  deposit,  whether  in  cash  or 
securities,  in  the  form  and  as  the  same  shall  at  any  time  be,  shall 
be  security  for  the  faithful  performance  by  the  Contractor  of  all 
the  covenants,  conditions  and  requirements  specified  and  pro- 
vided for  in  this  contract.  In  case  of  any  default  on  the  part  of 
the  Contractor  in  such  performance  and  in  the  further  case  that 
the  City  shall  for  or  by  reason  of  such  default,  whether  by  reason 
of  employment  of  another  contractor  or  contractors  or  other- 
wise, incur  or  become  liable  for  expense  or  be  required  to  make 
any  payment  or  incur  or  suffer  any  loss  or  damage,  then  the 
Comptroller  shall,  upon  the  requirement  of  the  Commission, 
forthwith  pay  or  apply  to  the  use  of  the  City  the  amount  of  such 
expense,  payment,  loss  or  damage,  including  any  liquidated  dam- 
ages, out  of  the  said  deposit  in  cash  or  securities  or  out  of  the 
portion  of  the  deposit  remaining  at  the  time. 

70 


SECURITY  TO  BE  FURNISHED  BY  CONTRACTOR 

ARTICLE  XXX.  If  such  deposit  be  in  securities,  the  Comp- 
troller shall,  upon  the  requirement  of  the  Commission,  in  order 
to  make  such  payment  or  application  to  the  use  of  the  City,  sell 
at  public  auction  in  New  York  any  of  the  securities  which  may 
then  constitute  part  of  such  deposit  upon  notice  to  be  published 
in  three  daily  newspapers,  the  first  publication  to  be  not  less  than 
ten  (10)  days  before  the  sale  and  such  publication  to  be  made 
three  (3)  times  within  such  ten  (10)  days.  The  Comptroller  in 
his  discretion  may,  and  upon  the  requirement  of  the  Commission 
shall,  adjourn  such  sale  from  time  to  time  by  announcement  at 
the  time  and  place  appointed  for  such  sale  or  for  such  adjourned 
sale  or  sales ;  and  without  further  notice  or  publication,  he  may 
make  such  sale  at  the  time  and  place  to  which  the  same  shall  be 
so  adjourned.  The  Comptroller  shall,  upon  the  requirement  of 
the  Commission,  deduct  from  the  proceeds  of  any  such  sale  all 
expenses  thereof  and  of  such  advertisement  and  pay  and  apply 
to  the  use  of  the  City  so  much  of  the  residue  of  such  proceeds 
as  may  be  necessary  for  the  purpose  aforesaid.  And  the  Con- 
tractor within  ten  (10)  days  after  notice  from  the  Commission 
so  to  do  shall  by  further  deposit,  according  to  the  requirement  of 
the  Commission,  of  money  or  securities  of  the  character  afore- 
said approved  by  the  Commission  restore  the  said  deposit  with 
the  Comptroller  to  the  full  amount  originally  required;  and  in 
case  the  Contractor  shall  not  within  such  ten  (10)  days  or  such 
further  time,  if  any,  as  may  be  granted  by  the  Commission,  make 
such  further  deposit  of  money  or  securities,  he  shall,  if  the  Com- 
mission so  elect,  be  deemed  to  be  in  default  in  the  performance 
of  his  obligations  under  this  contract ;  and  in  addition  to  any  and 
all  other  remedies  against  the  Contractor  the  Commission  may 
require  the  Comptroller  to  deduct  from  any  moneys  then  due  or 
which  thereafter  may  become  due  to  the  Contractor  under  this 
contract  such  amount  as  may  be  necessary  to  restore  the  said 
deposit  with  the  Comptroller  to  the  full  amount  originally  re- 
quired ;  and  the  Comptroller  shall  hold  the  money  so  deducted  as 
if  part  of  the  original  deposit  or  as  if  deposited  with  him  as 
aforesaid ;  and  such  moneys  shall  in  such  case  be  deemed  to  be 
paid  to  the  Contractor  upon  this  contract.  In  addition  to,  or  in 
lieu  of,  the  sale  above  provided  for,  the  Commission  may,  in  the 

71 


SECURITY  TO  BE  FURNISHED  BY  CONTRACTOR 

name  and  in  behalf  of  the  City,  bring  any  appropriate  suit  or 
proceeding  in  any  proper  court  to  enforce  the  lien  and  claim  of 
the  City  in  and  upon  the  said  deposit,  whether  such  deposit  be  in 
money  or  securities. 

ARTICLE  XXXI.  If  at  any  time  when  the  Contractor  shall 
otherwise  be  entitled  to  a  return  of  the  said  deposit,  there  shall 
be  pending  any  claim  for  injury  or  alleged  injury  to  person 
or  property  occurring  or  alleged  to  have  occurred  on  account  of 
the  work  hereunder,  whether  by  reason  of  the  negligence,  fault 
or  default  of  the  Contractor  or  otherwise,  or  any  claim  for  in- 
fringement or  alleged  infringement  of  patents,  or  any  other 
claim  on  account  of  any  neglect,  fault  or  default  or  alleged 
neglect,  fault  or  default  of  the  Contractor,  for  which  it  shall  be 
claimed  that  the  City  shall  be  liable,  then  and  in  that  case  the 
said  deposit,  including  all  interest,  dividends  and  other  income 
thereafter  accruing  thereon,  or  such  part  thereof  as  the  Commis- 
sion may  prescribe  shall,  upon  the  requirement  of  the  Commis- 
sion, be  reserved  by  the  Comptroller  as  security  against  such 
claims  for  a  time  not  exceeding  the  time  when  such  claims  would 
be  legally  barred.  If  and  when  the  liability  of  the  City  on  such 
claim  or  claims  shall  have  been  established  by  a  judgment  of  a 
court  of  competent  jurisdiction  or  such  claim  or  claims  shall 
have  been  admitted  by  the  Contractor  to  be  valid,  the  City  may 
deduct  the  amount  of  such  claim  or  claims  from  the  said  deposit 
before  the  balance  of  the  said  deposit  shall  be  returned  to  the 
Contractor  as)  hereinafter  provided.  For  the  purpose  of  making 
such  deduction  the  Comptroller  may  sell  any  of  the  securities 
which  may  constitute  part  of  such  deposit  in  the  manner  pro- 
vided in  Article  XXX. 


ARTICLE  XXXII.  When  the  Contractor  shall  have  fully 
completed  the  Works  according  to  the  terms  of  this  contract  and 
the  Commission  shall  so  certify,  the  Comptroller  shall  pay  and 
deliver  to  the  Contractor  the  said  deposit  or  so  much  thereof  as 
shall  not  be  reserved,  or  shall  not  have  been  used  or  applied,  for 
any  of  the  purposes  herein  mentioned. 

72 


SECURITY  TO  BE  FURNISHED  BY  CONTRACTOR 

ARTICLE  XXXIII.  In  addition  and  as  further  security  there 
shall  be  deducted  and  retained  ten  per  centum  (10%)  of  the 
amounts  certified  from  time  to  time  to  be  due  to  the  Contractor. 
Such  retained  percentages  shall  be  held  as  further  security  for 
the  faithful  performance  by  the  Contractor  of  all  the  conditions, 
covenants  and  requirements  specified  and  provided  for  in  this 
contract.  The  Contractor  may  from  time  to  time  withdraw  por- 
tions of  the  amounts  so  retained  upon  depositing  with  the 
Comptroller  corporate  stock  of  the  City  of  a  market  value  equal 
to  the  amount  withdrawn,  in  which  event  the  provisions  of  this 
chapter  in  respect  of  securities  shall  apply  to  such  corporate 
stock. 


CHAPTER  V 
PAYMENTS  TO  CONTRACTOR 

ARTICLE  XXXV.  In  order  to  assist  the  Contractor  to  pros- 
ecute the  work  advantageously,  the  Engineer  shall,  from  time  to 
time  as  the  work  progresses,  but  not  more  often  than  once  a 
month,  make  in  writing  an  estimate,  such  as  in  his  opinion  shall 
be  just  and  fair,  of  the  amount  and  value  of  the  work  done  and 
materials  incorporated  in  the  work  by  the  Contractor  according 
to  the  terms  of  this  contract  (but  it  is  understood  that  in  making 
such  estimates  the  Engineer  shall  not  necessarily  be  governed  by 
the  prices  contained  in  the  Schedule  of  Unit  Prices),  provided, 
however,  that  estimates  may  at  any  time  be  withheld  or  reduced 
if,  in  the  opinion  of  the  Engineer,  the  work  is  not  proceeding  in 
accordance  with  this  contract.  The  first  such  estimate  shall  be 
of  the  amount  and  value  of  the  work  done  and  materials  incor- 
porated in  the  work  since  the  Contractor  commenced  the  per- 
formance of  this  contract  on  his  part.  Every  subsequent  estimate 
except  the  final  estimate  shall  be  of  the  amount  and  value  of  the 
work  done  and  materials  incorporated  in  the  wrork  since  the  last 
preceding  estimate  was  made,  provided,  however,  that  no  such 
estimate  shall  be  required  to  be  made  when,  in  the  judgment  of 
the  Engineer,  the  total  value  of  the  work  done  and  materials 
incorporated  in  the  work  since  the  last  preceding  estimate 
amounts  to  less  than  five  thousand  dollars  ($5,000).  No 
materials,  not  incorporated  in  the  work,  shall  be  included  in 
any  estimate. 

ARTICLE  XXXVI.  Such  estimates  shall  not  be  required  to 
be  made  by  strict  measurement,  but  they  may  be  made  by  meas- 
urment  or  by  estimation  or  partly  by  one  method  and  partly 
by  the  other,  and  it  shall  be  sufficient  if  they  are  approximate 
only. 

74 


PAYMENTS  TO  CONTRACTOR 

ARTICLE  XXXVII.  Upon  each  such  estimate  being  made 
and  certified  in  writing  to  the  Commission,  the  Commission 
shall  prepare  and  certify  a  voucher  for  ninety  per  centum  (90%) 
of  the  amount  stated  in  such  estimate  or  certified  to  be  the  value 
of  the  work  done  and  materials  furnished  as  provided  in 
Article  XXXIII,  and  the  City  shall  within  thirty  (30)  days 
after  the  date  of  the  certification  of  such  voucher  by  the  Com- 
mission pay  the  same;  provided,  however,  that  the  City  may  at 
all  times  reserve  and  retain  from  said  partial  payments  or  any 
of  them,  in  addition  to  the  ten  per  centum  (10%)  above  men- 
tioned to  be  retained  and  reserved,  any  sum  or  all  sums  which 
by  the  terms  hereof  or  of  any  law  of  the  State  of  New  York  it 
is  or  may  be  authorized  to  reserve  or  retain. 

ARTICLE  XXXVIII.  Whenever,  in  the  opinion  of  the  En- 
gineer, the  Contractor  shall  have  completely  performed  this  con- 
tract on  his  part  and  all  work  under  this  contract,  the  Engineer 
shall  so  certify  in  writing  to  the  Commission  and  in  his  certificate 
shall  state  from  actual  measurements  the  whole  amount  of  work 
done  by  the  Contractor  and  also  the  value  of  such  work  under 
and  according  to  the  terms  of  this  contract.  On  the  expiration 
of  forty  (40)  days  after  the  acceptance  by  the  Commission  of  the 
work  herein  agreed  to  be  done  by  the  Contractor  and  the  filing  of 
a  certificate  of  the  completion  and  acceptance  of  said  work  in  the 
office  of  the  Comptroller  signed  by  the  Engineer  and  the  Com- 
mission, the  City  shall  pay  to  the  Contractor  the  amount,  if 
any,  remaining  after  deducting  from  the  amount  or  value  of 
such  work  under  and  according  to  the  terms  of  this  contract  as 
stated  in  such  last-mentioned  certificate  all  such  sums  as  shall 
theretofore  have  been  paid  to  the  Contractor  under  any  of  the 
provisions  of  this  contract  (exclusive  of  interest,  if  any,  paid 
under  the  provisions  of  Article  XXXIX)  and  also  any  sum  or 
all  such  sums  of  money  as  by  the  terms  hereof  the  City  is 
or  may  be  authorized  to  reserve  or  retain ;  provided,  that  noth- 
ing herein  contained  shall  be  construed  to  affect  the  right,  hereby 
reserved,  of  the  Commission  to  reject  the  whole  or  any  portion 
of  the  aforesaid  work  should  the  said  certificate  be  found  or 
known  to  be  inconsistent  with  the  terms  of  this  contract  or  other- 

75 


PAYMENTS  TO  CONTRACTOR 

wise  improperly  given.  All  prior  certificates  upon  which  partial 
payments  may  have  been  made,  being  merely  estimates,  shall  be 
subject  to  correction  in  the  final  certificate,  which  final  certificate 
may  be  made  without  notice  thereof  to  the  Contractor  or  of  the 
measurements  upon  which  it  is  based. 

ARTICLE  XXXIX.  If  the  payment  of  the  amount  due  the 
Contractor  on  any  voucher  shall  be  delayed  beyond  the  time 
stipulated  in  Article  XXXVII  in  the  case  of  partial  payment,  or 
Article  XXXVIII  in  the  case  of  final  payment,  the  City  shall 
pay  the  Contractor  interest  on  such  amount  at  the  rate  of 
four  and  one-half  per  centum  (4^%)  per  annum  for  the  period 
of  such  delay ;  it  being  understood  that  such  payments  of  interest, 
if  any,  are  to  be  in  lieu  of  any  claim  of  the  Contractor  for 
alleged  damages  for  breach  of  contract  or  otherwise  in  case  of 
delayed  payments.  Provided,  however,  that  the  Contractor  shall 
not  be  entitled  to  interest  on  any  sum  or  sums  which  by  the 
terms  hereof  or  of  any  law  of  the  State  of  New  York  the  City 
may  be  authorized  to  reserve  or  retain.  The  term  for  which 
interest  shall  be  paid  shall  be  reckoned,  in  the  case  of  a  partia' 
payment  from  the  thirtieth  day  after  the  certification  of  such 
voucher  by  the  Commission,  and  in  the  case  of  the  final  payment 
from  the  fortieth  day  after  the  acceptance  of  the  work  by  the 
Commission  and  the  filing  of  the  proper  certificate  of  com- 
pletion and  acceptance  in  the  office  of  the  Comptroller,  to  the 
date  of  payment  of  the  voucher.  The  date  of  payment  of  a 
voucher  shall  be  considered  the  day  on  which  the  voucher  is 
ready  for  payment  as  evidenced  by  the  records  of  the  Depart- 
ment of  Finance.  If  interest  shall  become  due  on  any  partial 
payment,  the  amount  thereof,  as  determined  by  the  Commission, 
shall  be  added  to  a  succeeding  payment.  If  interest  shall  be- 
come due  on  the  final  payment,  it  shall  be  paid  on  a  supplementary 
voucher  prepared  by  the  Commission  and  forwarded  to  the  Comp- 
troller for  payment  in  the  usual  manner. 

ARTICLE  XL.  The  City  shall  not  nor  shall  any  department 
or  officer  thereof  be  precluded  or  estopped  by  any  return  or 
certificate  made  or  given  by  the  Commission,  the  Engineer  or 

76 


PAYMENTS  TO  CONTRACTOR 

other  officer,  agent  or  appointee  thereof  under  any  provision 
of  this  contract  from  at  any  time  either  before  or  after  the  final 
completion  and  acceptance  of  the  work  and  payment  therefor 
pursuant  to  any  such  return  or  certificate,  showing  the  true  and 
correct  classification,  amount,  quality  and  character  of  the  work 
done  and  materials  furnished  by  the  Contractor  or  any  other 
person  under  this  contract  or  from  showing  at  any  time  that 
any  such  return  or  certificate  is  untrue  and  incorrect  or  improp- 
erly made  in  any  particular  or  that  the  work  and  materials  or 
any  part  thereof  do  not  in  fact  conform  to  the  specifications; 
and  the  City  shall  not  be  precluded  or  estopped,  notwithstanding 
any  such  return  or  certificate  and  payment  in  accordance  there- 
with, from  demanding  and  recovering  from  the  Contractor  such 
damages  as  it  may  sustain  by  reason  of  his  failure  to  comply 
with  this  contract  or  the  specifications. 

ARTICLE  XLL  Neither  the  acceptance  of  the  Commission  or 
its  Engineer  or  any  of  its  employees  nor  any  order,  measure- 
ment or  certificate  by  the  Engineer  nor  any  order  by  the  Com- 
mission for  payment  of  money  nor  any  payment  for,  nor  ac- 
ceptance of,  the  whole  or  any  part  of  the  work  nor  any  extension 
of  time  nor  any  possession  taken  by  the  Commission  or  its  em- 
ployees shall  operate  as  a  waiver  of  any  portion  of  this  contract 
or  of  any  power  herein  reserved  to  the  Commission  or  of  any 
right  to  damages  herein  provided;  nor  shall  any  waiver  of  any 
breach  of  this  contract  be  held  to  be  a  waiver  of  any  other  or 
subsequent  breach. 

ARTICLE  XLIL  The  acceptance  by  the  Contractor  of  the 
final  payment  aforesaid  shall  be  and  shall  operate  as  a  release 
to  the  City  from  all  claim  and  liability  to  the  Contractor  for  any- 
thing done  or  furnished  for,  or  relating  to,  the  work  or  for  any 
act,  neglect,  fault  or  default  of  the  Commission,  the  City  or  of 
any  person  relating  to  or  affecting  the  work,  except  only  the 
claim  against  the  City  for  the  remainder,  if  any  there  be,  of  the 
amounts  kept  or  retained  as  provided  in  this  contract. 


77 


PAYMENTS  TO  CONTRACTOR 

ARTICLE  XLIII.  If  the  Contractor  shall  claim  compensa- 
tion for  any  damage  sustained  by  reason  of  any  act,  neglect,  fault 
or  default  of  the  City  or  the  Commission  or  their  agents,  he  shall, 
within  ten  (10)  days  after  the  sustaining  of  such  damage,  make 
a  written  statement  to  the  Engineer  of  the  nature  of  the  damage 
sustained.  On  or  before  the  fifteenth  day  of  the  month  succeed- 
ing that  in  which  any  such  damage  shall  have  been  sustained, 
the  Contractor  shall  file  with  the  Engineer  an  itemized  state- 
ment of  the  details  and  amount  of  such  damage,  and  unless 
such  statement  shall  be  made  as  thus  required,  his  claim  for 
compensation  may  in  the  discretion  of  the  Commission  be  for- 
feited and  invalidated  and  he  shall  not  be  entitled  to  payment 
on  account  of  any  such  damage. 

ARTICLE  XLIV.  If  at  any  time  before  or  within  thirty  (30) 
days  after  the  whole  work  agreed  herein  to  be  performed  has 
been  completed  and  accepted  by  the  City,  any  person  or  persons 
claiming  to  have  performed  any  labor  or  furnished  any  material 
toward  the  performance  or  completion  of  this  contract  shall  file 
with  the  Commission  and  with  the  Comptroller  any  such  notice 
as  is  described  in  the  Lien  Law,  the  City  may  retain  from  any 
moneys  which  would  otherwise  be  payable  to  the  Contractor 
hereunder  by  the  City  an  amount  or  amounts  sufficient  to  satisfy 
and  discharge  the  amount  in  such  notice  claimed  to  be  due,  to- 
gether with  the  costs  of  any  action  or  actions  brought  to  enforce 
such  lien  created  by  the  filing  of  such  notice,  until  such  lien  shall 
be  discharged  as  provided  by  law.  If  such  lien  shall  be  fore- 
closed according  to  law,  then  the  City  may  pay  the  amount  neces- 
sary to  satisfy  such  lien,  with  interest  and  costs,  to  the  person 
entitled  thereto,  and  such  payment  shall  be  deemed  to  be  a  pay- 
ment hereunder  to  the  Contractor  by  the  City.  If  the  amount 
or  amounts  so  retained  shall  not  be  sufficient  to  satisfy  such 
lien  so  foreclosed  with  interest  and  costs,  the  deficiency  may 
be  retained  by  the  City  out  of  any  moneys  thereafter  becoming 
due  to  the  Contractor  hereunder. 


78 


CHAPTER    VI 

CONTRACTOR'S  LIABILITY  FOR  INJURIES  TO  PER- 
SONS  OR   PROPERTY 

ARTICLE  XLV.  The  Contractor  expressly  admits  and  cove- 
nants that  the  drawings  and  specifications  and  other  provisions 
of  this  contract,  if  the  work  be  done  without  fault  or  negli- 
gence on  the  part  of  the  Contractor,  do  not  involve  any  danger 
to  the  foundations,  walls  or  other  parts  of  adjacent,  abutting 
or  overhead  structures  or  surfaces;  and  the  Contractor  will  at 
his  own  expense  make  good  any  damage  that  shall,  in  the  course 
of  construction,  be  done  to  any  such  foundations,  walls  or  other 
parts  of  adjacent,  abutting  or  overhead  structures  or  surfaces. 
The  liability  of  the  Contractor  under  this  covenant  is  absolute 
and  is  not  dependent  upon  any  question  of  negligence  on  his  part 
or  on  the  part  of  his  agents,  servants  or  employees,  and  the 
neglect  of  the  Engineer  to  direct  the  Contractor  to  take  any 
particular  precautions  or  to  refrain  from  doing  any  particular 
thing  shall  not  excuse  the  Contractor  in  case  of  any  such  damage. 

It  is  the  intention  of  the  parties  to  this  contract,  and  it  is 
agreed,  that  in  addition  to  indemnifying  the  City  against  all 
claims  for  damages,  the  Contractor  shall  also  be  liable  to  the 
owners  of  adjacent,  abutting  or  overhead  property  or  struc- 
tures and  to  all  tenants,  lessees,  or  occupants  of  such  structures 
for  all  physical  injuries  to  property  or  person  which  may  be 
occasioned  by  the  work  of  construction,  even  in  cases  where 
such  owners,  tenants  or  occupants  have  no  legal  claim  against 
the  City  for  such  injuries. 

ARTICLE  XLVI.  The  Contractor  shall  during  the  perform- 
ance of  the  work  safely  maintain  the  traffic  on  streets,  ave- 
nues, highways  and  other  public  places  as  provided  in  the  speci- 
fications and  shall  take  all  necessary  precautions  and  place  proper 
guards  for  the  prevention  of  accidents  and  shall  put  up  and  keep 
at  night  suitable  and  sufficient  lights. 

79 


CONTRACTOR  S      LIABILITY 

ARTICLE  XLVII.  The  Contractor  shall  be  solely  respon- 
sible for  all  physical  injuries  to  person  or  property  occurring 
on  account  of  the  work  hereunder,  and  shall  indemnify  and  save 
harmless  the  City  from  liability  upon  any  and  all  claims  for 
damages  on  account  of  such  injuries  to  person  or  property 
or  on  account  of  any  neglect,  fault  or  default  of  the  Contractor 
and  from  all  costs  and  expenses  in  suits  which  may  be  brought 
against  the  City  on  account  of  any  such  injuries  to  person  or 
property  or  on  account  of  any  such  neglect,  fault  or  default;  it 
being  distinctly  understood,  stipulated  and  agreed  that  the  Con- 
tractor shall  be  solely  responsible  and  liable  for  arid  shall  fully 
protect  and  indemnify  the  City  against  all  claims  for  damages 
to  person  or  property  occasioned  by  or  resulting  from  blasting 
or  other  methods  or  processes  in  the  work  of  construction, 
whether  such  damages  be  attributable  to  negligence  of  the  Con- 
tractor or  his  employees  or  otherwise.  If  compensation  for 
any  such  injury  to  property  shall  be  included  in  any  judgment 
or  award  in  any  action  or  proceeding,  the  Contractor  shall  upon 
demand  promptly  reimburse  the  City  for  any  payments  made 
by  it  on  account  thereof. 

ARTICLE  XLVIII.  In  case  any  claim  shall  be  made  by 
any  person  or  corporation  against  the  Contractor  or  the  City 
for  injury  or  alleged  injury  to  person  or  property  occurring  or 
alleged  to  have  occurred  on  account  of  the  work  hereunder, 
whether  by  reason  of  the  negligence,  fault  or  default  of  the 
Contractor  or  otherwise,  or  for  any  infringement  or  alleged  in- 
fringement of  patents  or  for  any  neglect,  fault  or  default  or 
alleged  neglect,  fault  or  default  of  the  Contractor,  the  amount 
of  such  claim  or  so  much  thereof  as  the  Commission  may  deem 
reasonable  shall,  upon  the  requirement  and  in  the  discretion  of 
the  Commission,  be  retained  by  the  Comptroller  out  of  any 
moneys  then  due  or  thereafter  growing  due  to  the  Contractor 
hereunder  (in  addition  to  the  other  sums  herein  authorized  to 
be  so  retained)  as  security  for  the  payment  of  such  claim  or 
claims.  If  and  when  the  liability  of  the  City  or  the  Contractor  on 
such  claim  or  claims  shall  have  been  established  by  a  judgment 
of  a  court  of  competent  jurisdiction  or  such  claim  or  claims 


CONTRACTOR  S  LIABILITY 

shall  have  been  admitted  by  the  Contractor  to  be  valid,  the  said 
claim  or  claims  may  be  paid  from  the  amount  so  retained  and  the 
balance,  if  any,  paid  to  the  Contractor.  Should  there  be  any 
unsatisfied  claim  or  claims  for  injury  or  alleged  injury  to  person 
or  property  occurring  or  alleged  to  have  occurred  on  account  of 
the  work  hereunder,  whether  by  reason  of  the"  negligence,  fault 
or  default  of  the  Contractor  or  otherwise,  or  for  any  infringe- 
ment or  alleged  infringement  of  patents  or  for  any  neglect,  fault 
or  default  or  alleged  neglect,  fault  or  default  of  the  Contractor 
at  the  time  when  the  final  voucher  for  the  work  is  prepared  and 
certified,  the  Commission  shall  have  the  right  to  retain  out  of 
the  final  payment  and  to  deduct  from  the  amount  of  the  final 
voucher  a  sum  in  its  judgment  sufficient  to  protect  the  City  in 
regard  to  all  unsatisfied  claims  as  aforesaid,  and  in  case  the 
amount  thus  retained  should  be  insufficient  to  pay  the  amount 
adjudicated  to  be  due  upon  such  claim  or  claims,  the 
City  may  sue  for  and  recover  from  the  Contractor  the  amount 
or  balance  as  a  debt  from  the  Contractor  to  the  City.  The  Com- 
mission may  further,  if  in  its  judgment  such  a  course  is  neces- 
sary or  proper,  at  the  time  of  preparing  and  certifying  the  final 
voucher  for  the  work  and  as  a  condition  of  preparing  and  certify- 
ing the  same,  require  the  Contractor  to  continue  his  bond  or  other 
security  or  any  part  thereof  as  security  against  any  claims  then 
unsatisfied  or  not  presented  for  a  time  not  exceeding  the  time 
when  such  claims  would  be  legally  barred. 

ARTICLE  L.  All  risk  of  loss  or  damage  to  the  Works  or 
to  any  part  thereof  or  to  any  of  the  materials,  plant,  tools,  ap- 
pliances or  other  things  used  in  doing  the  work  prior  to  final 
completion  is  assumed  and  shall  be  borne  by  the  Contractor,  and 
any  such  loss  or  damage  shall  be  made  good  by  the  Contractor  at 
his  own  cost,  and  the  construction  shall  be  carried  forward  by 
him  in  accordance  with  this  contract  without  additional  cost  to 
the  City  by  reason  of  such  loss  or  damage. 


81 


CHAPTER  VII 

CITY    TO   SECURE    CONTRACTOR   AGAINST   INTER- 
FERENCE BY  INJUNCTIONS,  ETC. 

ARTICLE  LI.  The  City  hereby  stipulates  and  covenants  to 
and  with  the  Contractor  that  the  City  will  secure  and  assure  to 
the  Contractor  so  long  as  the  Contractor  shall  perform  the  stipu- 
lations of  this  contract,  the  right  to  construct  the  Storm  Drain 
as  prescribed  in  this  contract  free  of  all  right,  claim  or  other 
interference,  whether  by  injunction,  suit  for  damages  or  other- 
wise, on  the  part  of  any  owner,  abutting  owner,  or  other  person ; 
but  not  including  any  interference,  legal  or  otherwise,  by  pat- 
entees or  persons  claiming  to  be  patentees  of  tools,  methods  or 
appliances. 

ARTICLE  LIL  The  Contractor  shall  hold  himself  and  shall 
be  responsible  for  any  claims  made  against  the  City  for  any 
infringement  of  patents  by  the  use  of  patented  tools,  articles 
or  appliances  in  the  performance  or  completion  of  the  work 
or  by  the  use  of  any  process  or  method  connected  with  the  work 
or  by  the  use  of  any  materials  used  upon  the  work ;  and  he  shall 
save  harmless  and  indemnify  the  City  from  and  against  all  costs, 
expenses  and  damages  which  the  City  shall  incur  or  be  obliged 
to  pay  by  reason  of  any  such  infringement. 


82 


CHAPTER  VIII 

TIME    FOR    COMPLETION,    DAMAGES    FOR    DELAY, 

ETC. 

ARTICLE  LIV.  Time  is  of  the  essence  of  this  contract.  The 
Contractor  shall  begin  actual  work  within  ten  (10)  days  after 
the  date  of  the  delivery  of  this  contract  and  shall  thenceforth 
prosecute  the  work  continuously  and  diligently.  All  the  work 
covered  by  this  contract  shall  be  completed  in  all  respects  within 
three  (3)  months  after  the  date  of  the  delivery  of  this  contract. 

ARTICLE  LV.  In  the  event  of  delay  in  completion  of  the 
Works  beyond  the  period  herein  prescribed  or  beyond  the  period 
to  which  such  time  may  be  extended  by  resolution  of  the  Com- 
mission for  good  cause  shown,  the  City  shall,  whether  the  work- 
ing force  be  increased  as  provided  in  the  specifications  or  not, 
be  paid  damages  for  such  delay.  Inasmuch  as  the  amount  of 
such  damages  will  be  extremely  difficult  to  ascertain,  especially 
in  view  of  the  fact  that  the  Storm  Drain  is  a  part  of  the  drain- 
age system  of  a  rapid  transit  railroad  and  that  any  delay  in  the 
construction  of  the  Storm  Drain  may  result  in  serious  damage 
to  said  railroad,  it  is  hereby  expressly  agreed  that  such  damages 
shall  be  liquidated  and  paid  as  follows:  The  Contractor  shall 
pay  to  the  City  for  each  and  every  day,  except  Sundays  and 
legal  holidays,  that  he  shall  be  in  default  in  completing  in  all 
respects  the  work  covered  by  this  contract  the  sum  of  fifty 
dollars  ($50),  which  sum  is  hereby  agreed  upon  not  as  a 
penalty  but  as  liquidated  damages  which  the  City  will  suffer 
by  reason  of  such  default.  The  City  shall  have  the  right  to 
deduct  such  amounts  from  any  moneys  due  or  which  may  there- 
after become  due  to  the  Contractor  under  this  contract.  But 
in  case  the  Contractor  shall  be  actually  and  necessarily  delayed 
by  reason  of  any  labor  strike  not  caused  or  instituted  or  pro- 
voked by  the  Contractor  or  by  any  subcontractor,  agent  or  repre- 
sentative of  the  Contractor,  or  in  case  the  Contractor  shall  be 

83 


TIME    FOR    COMPLETION,    DAMAGES    FOR    DELAY,    ETC. 

actually  and  necessarily  delayed  by  any  injunction  or  by  any 
interference  of  public  authority  or  by  the  suspension  of  the 
whole  or  any  part  of  the  work  by  the  Commission  as  provided 
in  Article  LVII,  and  in  case  the  Contractor  cannot,  notwith- 
standing such  strike,  injunction,  interference  or  suspension,  with 
reasonable  diligence  make  up  for  the  delay  so  occasioned  by 
speedier  work  when  the  Contractor  shall  not  be  so  delayed,  then 
the  said  date  for  completion  shall  except  as  hereinafter  provided 
be  extended  by  resolution  of  the  Commission  to  a  date  later 
than  the  expiration  of  the  said  period  of  three  (3)  months  by  the 
amount  of  the  time  of  such  delay  as  determined  by  the  Com- 
mission. 

ARTICLE  LVI.  But  no  injunction,  strike  or  interference  of 
public  authority  shall  be  ground  for  such  extension  unless 
and  until  the  Contractor  shall  give  the  Commission  notice  of 
the  injunction  or  other  cause  of  delay,  with  copies  of  the  in- 
junction or  other  orders  and  of  the  papers  upon  which  the 
same  shall  have  been  granted,  and  no  extension  shall  be  granted 
except  for  the  delay  occasioned  after  the  giving  of  such  notice. 
Nor  shall  any  such  extension  be  granted  in  any  case  unless  the 
Contractor  shall  prove  to  the  satisfaction  of  the  Commission  all 
the  facts  which  entitle  him  to  such  extension.  The  Commission 
and  the  City  or  either  shall  be  accorded  the  right  to  intervene 
or  become  a  party  to  any  suit  or  proceeding  in  which  any  such 
injunction  shall  be  obtained  and  to  move  to  dissolve  the  same 
or  otherwise,  as  the  Commission  or  the  City  may  deem  proper. 
If  necessary  the  Corporation  Counsel  or  the  Counsel  to  the 
Commission  or  both  shall  be  authorized  by  the  Contractor  to  ap- 
pear for  that  purpose  as  counsel  or  attorneys  for  him. 

ARTICLE  LVII.  The  Commission  reserves  the  right  of 
temporarily  suspending  the  execution  of  the  whole  or  any 
part  of  the  work  herein  contracted  to  be  done,  if  it  shall  deem 
it  for  the  interest  of  the  City  so  to  do,  without  compensation 
to  the  Contractor  for  such  suspension  other  than  extending  the 
time  for  completing  the  work  as  hereinbefore  provided  as  much 
as,  in  the  opinion  of  the  Commission,  it  may  have  been  delayed 

84 


TIME    FOR    COMPLETION,    DAMAGES    FOR    DELAY,    ETC. 

by  such  suspension.  The  length  of  time  (expressed  in  days 
or  parts  of  days)  during  which  the  Works  or  any  part  thereof 
has  been  delayed  by  any  act  or  omission  on  the  part  of  the  City 
(all  which  shall  be  determined  by  the  Commission,  which  shall 
certify  to  the  same  in  writing  and  whose  determination  and 
certificate  thereof  shall  be  binding  and  conclusive  upon  the  Con- 
tractor) will  be  allowed  to  the  Contractor  and  the  times  specified 
for  the  completion  of  the  Works  or  such  part  thereof  shall  be 
extended  by  resolution  of  the  Commission  accordingly. 

ARTICLE  LVIII.  Only  the  actual  delay  necessarily  result- 
ing from  one  or  more  of  the  causes  above  mentioned  shall  be 
ground  for  extension  of  time,  and  in  case  the  Contractor  shall 
be  delayed  at  any  time  or  for  any  period  by  two  or  more  of 
the  causes  above  mentioned,  only  one  period  of  extension,  if 
any,  shall  be  granted  for  such  delay  and  the  Contractor  shall 
not  be  entitled  to  a  separate  extension  for  each  one  of  the 
causes  so  operating,  it  being  understood  that  only  the  actual 
period  of  necessary  delay,  as  determined  by  the  Commission, 
irrespective  of  the  number  of  causes  contributing  to  produce 
such  delay,  will  be  ground  for  extension  of  time.  In  case  the 
Contractor  shall  be  actually  and  necessarily  delayed  from  one 
or  more  of  the  causes  above  mentioned  in  the  performance  of 
any  portion  of  the  Works  and  not  in  the  performance  of  the 
entire  Works,  then  the  extension  of  time  to  be  granted  .to  the 
Contractor  shall  be  only  for  the  portion  of  the  Works  as  to 
which  the  Contractor  shall  be  so  delayed  and  the  Contractor 
shall  not  be  entitled  by  reason  of  such  delay  to  an  extension 
of  time  for  the  completion  of  the  remainder  of  the  Works,  it 
being  understood  that  if  the  Contractor  shall  be  so  delayed  as 
to  a  portion  of  the  Works  he  shall  nevertheless  proceed  con- 
tinuously and  diligently  with  the  prosecution  of  the  remainder 
of  the  Works.  No  demand  by  the  Contractor  that  the  Com- 
mission determine  and  certify  any  matter  of  extension  of  time 
for  the  completion  of  the  Works  or  any  part  thereof  as  afore- 
said will  be  of  any  effect  whatsoever  unless  the  same  be  made  in 
writing  and  duly  served  upon  the  Commission  prior  to  the  filing  in 
the  office  of  the  Comptroller  of  the  certificate  of  the  completion 

85 


TIME    FOR    COMPLETION,    DAMAGES    FOR    DELAY,    ETC. 

and  acceptance  of  the  part  of  the  Works  for  which  such  exten- 
sion is  requested.  The  determination  of  the  Commission  as  to  any 
matter  of  extension  of  time  for  completion  of  the  Works  or 
any  part  thereof  arising  under  this  contract  shall  be  binding 
and  conclusive. 

ARTICLE  LIX.  The  permitting  of  the  Contractor  to  go  on 
and  finish  the  work  or  any  part  of  it  after  the  time  fixed  for 
its  completion  or  after  the  date  to  which  the  time  for  comple- 
tion may  have  been  extended  or  the  making  of  payments  to 
the  Contractor  after  any  of  such  periods  shall  in  no  wise  operate 
as  a  waiver  on  the  part  of  the  City  of  any  of  its  rights  under 
this  contract. 


86 


CHAPTER   IX 
REMEDIES  IN    CASE    OF    CONTRACTORS  DEFAULT 

ARTICLE  LX.  If  the  work  to  be  done  under  this  contract 
shall  be  abandoned  by  the  Contractor,  or  if  this  contract  shall 
be  assigned  or  the  work  sublet  by  him  otherwise  than  as  herein 
specified,  or  if  at  any  time  the  Engineer  shall  be  of  opinion,  and 
shall  so  certify  in  writing  to  the  Commission,  that  the  perform- 
ance of  this  contract  is  unnecessarily  or  unreasonably  delayed 
or  that  the  Contractor  is  wilfully  violating  any  of  the  provisions 
or  covenants  of  this  contract  or  of  the  specifications  or  is  not 
executing  the  same  in  good  faith  and  in  accordance  with  the 
terms  hereof,  or  if  the  work  be  not  completed  within  the 
time  prescribed  in  this  contract  for  its  completion  or  within  the 
time  to  which  such  completion  may  be  extended  by  the  Commis- 
sion, or  (in  view  of  the  necessity  for  special  skill  and  ample 
financial  resources  in  the  prosecution  of  the  work)  if  the  Con- 
tractor shall  become  insolvent  or  bankrupt  or  if  his  property 
or  affairs  shall  be  put  in  the  hands  of  a  receiver  or  receivers, 
then  and  in  any  of  such  cases 

(1)  The  Commission  may  notify  the  Contractor,  by  a 
written  notice,  to  discontinue  all  work  or  any  part  thereof  under 
this  contract,  and  thereupon  the  Contractor  shall  discontinue 
the  work  or  such  part  thereof,  and  the  Commission  shall  there- 
upon have  the  right  to  contract  for  the  completion  of  the  Works 
or  such  part  thereof  in  the  manner  prescribed  by  law  or  to 
place  such  and  so  many  persons  as  it  may  deem  advisable,  by 
contract  or  otherwise,  to  work  and  complete  the  work  herein 
described  or  such  part  thereof,  to  take  possession  of  and  use 
any  or  all  of  the  materials,  plant,  tools,  equipment,  supplies  and 
property  of  every  kind  provided  by  the  Contractor  for  the  pur- 

87 


REMEDIES   IN    CASE   OF   CONTRACTOR'S   DEFAULT 

pose  of  his  work,  and  to  procure  other  materials,  plant,  tools, 
equipment,  supplies  and  property  for  the  completion  of  the  same, 
and  to  charge  the  expense  of  said  labor,  materials,  plant,  tools, 
equipment,  supplies  and  property  to  the  Contractor.  The  expense 
so  charged  may  be  deducted  and  paid  by  the  City  out  of  such 
moneys  as  may  be  due  or  may  at  any  time  thereafter  grow  due 
to  the  Contractor  under  and  by  virtue  of  this  contract.  And 
in  case  the  expense  of  completing  the  Works  or  such  part  thereof 
shall  exceed  the  amount  which  would  have  been  payable  under 
this  contract  for  the  same  work  and  materials  if  this  contract 
had  been  completed  by  the  Contractor,  he  shall  pay  the  amount 
of  such  excess  with  interest  to  the  City ;  and  in  case  such  expense 
shall  be  less  than  the  amount  which  would  have  been  payable 
under  this  contract  for  the  same  work  and  materials  if  this 
contract  had  been  completed  by  the  Contractor,  he  shall  forfeit 
all  claim  to  the  difference ;  and  when  any  particular  part  of  the 
work  is  being  carried  on  by  the  Commission,  by  contract  or 
otherwise,  under  the  provisions  of  this  Article,  the  Contractor, 
unless  he  shall  have  been  directed  to  discontinue  all  work,  shall 
continue  the  remainder  of  the  work  in  conformity  with  the  terms 
of  this  contract  and  in  such  manner  as  in  nowise  to  hinder  or 
interfere  with  other  contractors  of  the  Commission  or  with  the 
persons  or  workmen  employed,  as  above  provided,  by  the  Com- 
mission, by  contract  or  otherwise,  to  do  any  part  of  the  work 
or  to  complete  the  same  under  the  provisions  of  this  Article. 
The  Contractor  shall  also  in  any  and  every  such  case  in  which 
the  Commission  shall  complete  the  Works  or  any  part  thereof 
under  the  provisions  of  this  Article,  in  addition  to  the  liability 
above  expressed,  pay  to  the  City  as  liquidated  damages  for  any 
delay,  resulting  from  the  act,  neglect,  delay,  fault  or  default  of 
the  Contractor,  in  the  completion  in  all  respects  of  the  work  cov- 
ered by  this  contract  the  sum  of  fifty  dollars  ($50)  for  each 
and  every  day,  except  Sundays  and  legal  holidays,  of  such 
delay,  which  sum  is  hereby  agreed  upon  not  as  a  penalty  but  as 
liquidated  damages  which  the  City  will  suffer  by  reason  of  such 
delay.  And 

(2)  The  City  may  also  proceed  as  to  the  Commission  shall 
seem  proper  upon  the  Bond  or  other  security  in  its  posses- 
sion. And 

88 


REMEDIES   IN   CASE   OF   CONTRACTOR'S   DEFAULT 

(3)  The  City  may  also  bring  any  suit  or  proceeding  for 
specific  performance  or  for  injunction  or  to  recover  damages 
or  to  obtain  any  other  relief  or  for  any  other  purpose  proper 
under  this  contract. 

ARTICLE  LXI.  In  case  the  Commission  shall  by  contract 
or  otherwise  complete  the  Works  or  any  part  thereof  under  the 
provisions  of  Article  LX,  the  Engineer,  upon  the  completion 
of  the  Works  or  such  part  thereof  or  at  any  time  thereafter 
upon  demand  in  writing  by  either  party  hereto  or  from  time 
to  time  during  the  course  of  the  completion  of  the  Works  or 
such  part  thereof  upon  demand  by  the  Commission,  shall  certify 
to  the  amount  of  the  expense  incurred  by  the  City  in  the  com- 
pletion of  the  Works  or  such  part  thereof,  and  said  certificate 
shall  be  final  and  conclusive  and  admissible  in  evidence  against 
the  Contractor  in  any  litigation  arising  or  growing  out  of  this 
contract. 

ARTICLE  LXII.  The  City  may  avail  itself  of  each  and  every 
remedy  herein  specifically  given  to  the  City  or  now  or  hereafter 
existing  at  law  or  in  equity  or  by  statute,  and  each  and  every 
such  remedy  shall  be  in  addition  to  every  other  remedy  so  spe- 
cifically given  or  otherwise  so  existing  and  may  be  exercised 
from  time  to  time  and  as  often  and  in  such  order  as  may  be 
deemed  expedient  by  the  Commission,  and  the  exercise,  or  the 
beginning  of  the  exercise,  of  one  remedy  shall  not  be  deemed 
to  be  a  waiver  of  the  right  to  exercise,  at  the  same  time  or 
thereafter,  any  other  remedy,  except  that  no  two  inconsistent 
remedies  shall  be  exercised  at  the  same  time. 


89 


CHAPTER   X 
MISCELLANEOUS  PROVISIONS 

ARTICLE  LXIII.  No  correction  or  change  in  this  contract 
shall  be  made  except  by  written  instrument  duly  authorized  by 
the  Commission  and  consented  to  by  the  Contractor  and  by  the 
sureties  upon  his  bond ;  but  this  provision  shall  not  limit  or 
affect  the  right  to  prescribe  variations  whether  of  construction 
or  of  location  of  route  as  in  this  contract  elsewhere  provided. 

ARTICLE  LXIV.  No  claim  shall  be  made  by  the  Contractor 
against  any  member  of  the  Commission  personally  under  or  by 
reason  of  this  contract  or  any  of  its  articles  or  provisions. 

ARTICLE  LXV.  The  Contractor  shall  not  assign,  transfer, 
convey,  sublet  or  otherwise  dispose  of  this  contract  or  his  right, 
title  or  interest  in  or  to  the  same  or  any  part  thereof  without 
the  previous  consent  in  writing  of  the  Commission,  and  he 
shall  not  assign  by  power  of  attorney  or  otherwise  any  of  the 
moneys  to  become  due  and  payable  under  this  contract  unless 
by  and  with  the  like  consent.  If  the  Contractor  shall  without 
such  previous  written  consent  assign,  transfer,  convey,  sublet 
or  otherwise  dispose  of  this  contract  or  of  his  right,  title  or 
interest  therein  or  any  of  the  moneys  to  become  due  under  this 
contract,  to  any  other  person,  company  or  corporation,  this 
contract  may  at  the  option  of  the  Commission  be  revoked  and 
annulled  and  the  City  shall  thereupon  be  relieved  and  discharged 
from  any  and  all  liability  and  obligations  growing  out  of  the 
same  to  the  Contractor  and  to  his  assignee  or  transferee ;  and  no 
right  under  this  contract  or  to  any  money  to  become  due  here- 
under  shall  be  asserted  against  the  City  in  law  or  in  equity  by 
reason  of  any  so-called  assignment  of  this  contract  or  any  part 
thereof  or  of  any  moneys  to  grow  due  hereunder  unless  author- 
ized as  aforesaid  by  the  written  consent  of  the  Commission ;  pro- 

90 


MISCELLANEOUS   PROVISIONS 

vicled  that  nothing  herein  contained  shall  be  construed  to  hinder, 
prevent  or  affect  an  assignment  by  the  Contractor  for  the  benefit 
of  his  creditors  made  ^pursuant  to  the  statutes  of  the  State  of 
New  York. 

ARTICLE  LXVI.  In  case  the  Commission  shall  cease  to  ex- 
ist, the  Legislature  may  provide  what  public  officer  or  officers 
shall  exercise  the  powers  and  duties  of  the  Commission  under 
and  by  virtue  of  this  contract;  and  in  default  of  such  provision, 
such  powers  and  duties  shall  be  deemed  to  be  vested  in  the 
Mayor  of  the  City.  In  case  any  officer  or  officers  other  than  the 
Commission  shall  hereafter  have  the  powers  of  the  Commission 
or  any  of  them,  then  the  provisions  of  this  contract  shall  be 
applicable  to  such  officer  or  officers  to  the  extent  to  which  the 
powers  of  the  Commission  shall  appertain  to  such  officer  or 
officers,  and  any  official  act  or  determination  of  such  officer  or 
officers  or  of  the  Commission  shall  be  sufficient  hereunder,  any- 
thing herein  to  the  contrary  notwithstanding,  if  the  same  be  done 
or  had  by  lawful  vote  or  resolution  or  in  such  manner  as  the 
Legislature  may  from  time  to  time  prescribe. 

ARTICLE  LXVII.  The  Contractor  agrees  to  comply  with  the 
provisions  of  the  Labor  Law,  including  Section  Three  thereof 
as  re-enacted  by  Chapter  36  of  the  Laws  of  1909.  The  Con- 
tractor further  agrees  and  stipulates  that  no  laborer,  workman  or 
mechanic  in  the  employ  of  the  Contractor,  subcontractor  or  other 
person  doing  or  contracting  to  do  the  whole  or  a  part  of  the 
work  contemplated  by  this  contract  shall  be  permitted  or  required 
to  work  more  than  eight  hours  in  any  one  calendar  day,  except 
in  cases  of  extraordinary  emergency  caused  by  fire,  flood  or 
danger  to  life  or  property;  and  further  that  the  wages  to  be 
paid  for  a  legal  day's  work  as  hereinbefore  defined  to  all  classes 
of  such  laborers,  workmen  or  mechanics  upon  the  work  con- 
templated by  this  contract  or  upon  any  material  to  be  used  upon 
or  in  connection  therewith,  shall  be  not  less  than  the  prevailing 
rate  for  a  day's  work  in  the  same  trade  or  occupation  in  the 
Borough  of  the  City  where  the  work  hereby  contemplated  about 
or  in  connection  with  which  such  labor  is  performed  in  its  final  or 

91 


MISCELLANEOUS   PROVISIONS 

completed  form  is  to  be  situated,  erected  or  used ;  and  that  each 
such  laborer,  workman  or  mechanic  employed  by  the  Contractor 
or  by  any  subcontractor  or  other  person  on,  about  or  upon  the 
work  contemplated  by  this  contract,  shall  receive  such  wages 
herein  provided  for.  This  contract  shall  be  void  and  of  no  effect 
unless  the  Contractor  shall  comply  with  the  provisions  of  this 
section.  In  obedience  to  the  requirements  of  Section  Fourteen 
of  the  Labor  Law  it  is  further  provided  that  if  the  provisions 
of  the  said  Section  Fourteen  are  not  complied  with,  this  con- 
tract shall  be  void. 

ARTICLE  LXVIII.  It  is  the  intent  and  understanding  of  the 
parties  to  this  contract  that  each  and  every  provision  of  law 
required  to  be  inserted  in  this  contract  should,  be  and  is  in- 
serted herein.  Furthermore,  it  is  hereby  stipulated  that  every 
such  provision  is  to  be  deemed  to  be  inserted  herein,  and  if, 
through  mistake  or  otherwise,  any  such  provision  is  not  in- 
serted or  is  not  inserted  in  correct  form,  then  this  contract  shall 
forthwith,  upon  the  application  of  either  party,  be  amended  by 
such  insertion  so  as  to  comply  strictly  with  the  law  and  without 
prejudice  to  the  rights  of  either  party  hereunder. 

ARTICLE  LXIX.  If  this  contract  contains  any  unlawful  pro- 
vision not  an  essential  part  of  the  general  structure  of  the  con- 
tract and  which  shall  not  appear  to  have  been  a  controlling  or 
very  material  inducement  to  the  making  thereof,  the  same  shall 
be  deemed  of  no  effect  and  shall  upon  the  application  of  either 
party  be  stricken  from  the  contract  without  affecting  the  bind- 
ing force  of  the  contract  as  it  shall  remain  after  omitting  such 
provision. 


92 


TESTIMONIUM 

In  Witness  Whereof,  this  contract  has  been  executed  for 
THE  CITY  OF  NEW  YORK  by  the  PUBLIC  SERVICE  COMMISSION 
FOR  THE  FIRST  DISTRICT  under  and  by  virtue  of  a  resolution  duly 
adopted  by  the  Commission  and  the  seal  of  the  Commission  has 
been  hereto  affixed  and  attested  by  its  Secretary  and  these  pres- 
ents have  been  signed  by  its  Chairman ;  and  the  CONTRACTOR  has  * 
[hereunto  set  hand  and  seal  ] 

[caused  corporate  seal  to  be  hereto 

affixed  and  these  presents  to  be  executed  by  proper 

officers]  the  day  and  year  first  above  written. 

THE  CITY  OF  NEW  YORK 

by  the 
PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT 

by 


Chairman 
Attest 


Secretary 


*If  the  Contractor  be  an  individual,  use  the  words  enclosed  in  the 
first  bracket;  if  a  corporation,  use  the  words  enclosed  in  the  second 
bracket. 

93 


ACKNOWLEDGMENT  FOR  COMMISSION 

STATE  OF  NEW  YORK.) 

ss  * 
County  of  New  York,j 

On  the  day  of  ,  1915,  before 

me  personally  appeared  Edward  E.  McCall  and  Travis  H.  Whit- 
ney, to  me  known  and  known  to  me  to  be  the  said  Edward  E. 
McCall,  the  Chairman,  and  the  said  Travis  H.  Whitney,  the  Sec- 
retary of  the  Public  Service  Commission  for  the  First  District; 
and  the  said  Edward  E.  McCall  and  Travis  H.  Whitney  being 
by  me  duly  sworn,  did  depose  and  say,  each  for  himself  and  not 
the  one  for  the  other,  the  said  Edward  E.  McCall,  that  he 
resides  in  the  Borough  of  Manhattan,  in  the  City,  County  and 
State  of  New  York,  that  he  is  the.  Chairman  of  the  said  Com- 
mission and  that  he  subscribed  his  name  to  the  foregoing  con- 
tract by  virtue  of  the  authority  thereof ;  and  the  said  Travis  H. 
Whitney,  that  he  resides  in  the  Borough  of  Brooklyn,  in  the 
County  of  Kings,  City  and  State  of  New  York,  that  he  is  the 
Secretary  of  the  said  Commission  and  that  he  subscribed  his 
name  thereto  by  like  authority;  and  both  the  said  Edward  E. 
McCall  and  Travis  H.  Whitney  that  they  know  the  seal  of  the 
said  Commission  and  that  one  of  the  seals  affixed  to  the  forego- 
ing contract  is  such  seal  and  that  the  same  was  affixed  to  the 
foregoing  contract  by  the  authority  of  the  said  Commission  and 
by  a  resolution  duly  adopted  by  the  same. 


ACKNOWLEDGMENTS  FOR  CONTRACTOR 
STATE  OF  NEW  YORK,) 

SS    ' 

County  of  New  York,j 

On  this  day  of  ,1915,  before  me 

personally  came 

to  me  known  and  known  to  me  to  be  the  individual  described  in 
and  who  executed  the  foregoing  instrument,  and  he  duly  ac- 
knowledged to  me  that  he  executed  the  same. 


STATE  OF  NEW  YORK,| 
County  of  New  York,j  SJ 

On  this  day  of  ,  1915,  before  me 

personally  appeared 

to  me  known,  who,  being  by  me  first  duly  sworn,  did  depose 
and  say :     That  he  resides  in 
in  the  State  of  ;  that  he  is 

of 

the  corporation  described  in  and  which  executed  the  foregoing 
instrument;  that  he  knows  the  corporate  seal  of  said  corpora- 
tion; that  one  of  the  seals  affixed  to  said  contract  is  such  cor- 
porate seal,  and  that  it  was  affixed  thereto  by  order  of  the  Board 
of  Directors  of  said  corporation,  and  that  he  signed  his  name 
thereto  by  like  authority. 


95 


SCHEDULE  OF  SECURITIES 


(NOTE.— If  the  Contractor,  upon  the  approval  of  the  Com- 
mission, deposits  securities  in  lieu  of  a  bond,  a  description  of 
such  securities  with  their  values  shall  be  inserted  below.) 


96 


FORM    OF 
CONTRACTOR'S    BOND 

For  Construction  of  a  Storm  Drain  for  the 

QUEENSBORO    SUBWAY    RAPID   TRANSIT 
RAILROAD 


FORM   OF   CONTRACTOR'S   BOND 

STORM  DRAIN  FOR  QUEENSBORO  SUBWAY  RAPID  TRANSIT  RAIL- 
ROAD 

Know  all  Men  by  these  Presents,  That 

of 

hereinafter   called   the   Contractor   and 

and 

hereinafter  called  the  Sureties  arc  held  and  firmly  bound  unto 
The  City  of  New  York,  hereinafter  called  the  City,  in  the  sum 
of  three  thousand  dollars  ($3,000)  lawful  money  of  the  United 
States  of  America,  to  be  paid  to  the  City,  for  which  payment 
well  and  truly  to  be  made  the  Contractor  and  the  Sureties  do 
hereby  bind  themselves  and  their,  and  each  of  their,  executors, 
administrators,  successors  and  assigns  firmly  by  these  presents, 
as  follows :  The  Contractor  to  be*  so  held  and  bound  for  the  full 
amount  of  the  said  sum  of  three  thousand  dollars  ($3,000)  and 
each  of  the  said  Sureties  to  be  so  held  and  bound  only  for  a 
portion  of  said  sum  as  follows : 

The  said 

for  the  sum  of 

dollars    ($  )  ;   the   said 

for  the  sum  of 

dollars    ($  )  ;   the   said 

for  the  sum  of 

dollars    ($  )  ;  and  the  said 

for  the  sum  of 

dollars    ($  ). 

IN  WITNESS  WHEREOF,  The  Contractor  and  the  Sureties  have 
hereunto  set  their  hands  and  seals  and  such  of  them  as  are 
corporations  have  caused  their  respective  seals  to  be  hereto  af- 
fixed and  these  presents  to  be  attested  by  the  proper  officers, 
this  day  of  , 

1915. 

98 


FORM  OF  CONTRACTOR'S  BOND 

WHEREAS,  The  City  by  the  Public  Service  Commission  for 
the  First  District  (hereinafter  called  the  Commission)  is  about 
to  enter  into  a  contract  with  the  Contractor  bearing  even  date 
herewith  for  the  construction  by  the  Contractor  of  a  Storm 
Drain  for  the  Queensboro  Subway  Rapid  Transit  Railroad  ex- 
tending under  Queens  Boulevard  from  Hill  Street  to  Gosman 
Avenue,  in  the  Borough  of  Queens,  in  the  City  of  New  York, 
more  particularly  described  in  the  said  contract;  and 

WHEREAS,  The  City  is  about  to  enter  into  such  contract  with 
the  Contractor  upon  the  condition,  and  not  otherwise,  that  this 
Bond  shall  be  given  to  the  City,  and  upon  the  faith  hereof, 

Now,  THEREFORE,  the  condition  of  the  foregoing  obligation 
is  such  that  if  the  Contractor  shall  faithfully  perform  all  the 
conditions,  covenants  and  requirements  specified  and  provided 
for  in  said  contract,  then  this  obligation  shall  be  null  and  void, 
but  else  it  shall  remain  in  full  force  and  virtue. 

IT  is  EXPRESSLY  AGREED  between  the  City  and  the  Sureties 
(and  it  is  only  upon  such  agreement  that  the  City  accepts  this 
Bond)  that  the  Sureties  will  and  do  waive  any  and  every  notice 
of  default  on  the  part  of  the  Contractor;  that  they  will  and  do 
permit  the  City  to  extend  the  time  of  the  Contractor  to  do  any 
act ;  that  no  omission  on  the  part  of  the  City  to  give  any  notice 
of  extension  of  time  granted  by  or  on  behalf  of  the  City  shall 
be  availed  of  by  the  Sureties  or  any  of  them  as  a  defense  upon 
this  Bond;  that  the  Sureties  shall  not  set  up  or  have  any  de- 
fense upon  this  Bond  by  reason  of  any  alteration  of  the  said 
contract  unless  such  alteration  shall  be  represented  by  a  formal 
written  instrument  duly  executed  between  the  City  and  the 
Contractor  which  shall  have  been  duly  authorized  by  a  vote  of 
the  Commission -and  entered  into  without  the  consent  of  the 
Sureties ;  and  that  in  case  of  such  alteration,  however  made,  the 
same  shall  be  a  defense  to  the  Sureties  only  to  the  extent  of  the 
actual  injury  or  damage  caused  to  the  Sureties  by  said  alteration. 


99 


FORM  OF 
CONTRACTOR'S  PROPOSAL 

For  Construction  of  a  Storm  Drain  for  the 

QUEENSBORO    SUBWAY    RAPID   TRANSIT 
RAILROAD 


CONTRACTOR'S   PROPOSAL 

FOR  THE  CONSTRUCTION  OF  A  STORM  DRAIN  FOR  THE  QUEENSBORO 
SUBWAY  RAPID  TRANSIT  RAILROAD 

NOTICE. — There  must  remain  annexed  hereto: 
Copy  of  Invitation  to  Contractors 
Copy  of  Information  for  Contractors 
Copy  of  Form  of  Contract 
Copy  of  Form  of  Bond 

To  the 

Public  Service  Commission  for  the  First  District : 
(1)     The  undersigned* 

do  hereby,  in  pursuance  of  the  Invitation  to  Contractors  and 
the 'Information  for  Contractors,  copies  of  which  are  attached 
hereto  and  made  a  part  hereof,  propose  according  to  the  terms 
thereof  to  enter  into  a  contract  in  the  form  annexed  hereto  and 
made  a  part  hereof  with  The  City  of  New  York  (hereinafter 
called  the  "City")  for  the  construction  of  a  Storm  Drain  for  the 
Queensboro  Subway  Rapid  Transit  Railroad  and  to  furnish  all 
necessary  labor,  materials,  plant,  power,  tools,  supplies  and  other 
means  of  construction  and  perform  all  the  work  mentioned  in 
the  said  contract  at  the  prices  for  the  several  items  as  given  in 
the  following  Schedule  of  Unit  Prices  or  as  otherwise  provided 
in  the  form  of  contract.  It  is  understood  that  the  quantities  of 
various  items  specified  in  the  following  schedule  are  approximate 
only  and  are  given  as  a  basis  for  the  uniform  comparison  of  bids 
and  are  not  in  any  way  guaranteed  "or  represented  as  correct  or 
intended  to  be  relied  upon,  and  they  shall  not  be  taken  as  final 
and  shall  form  no  basis  for  any  claim  in  case  they  do  not  cor- 
respond with  the  final  measurements  or  quantities.  It  is  further 
understood  that  the  Commission  reserves  the  right  to  increase 
or  to  diminish  or  to  omit  entirely  any  of  the  quantities  of  items 
as  therein  stated. 

*  The  bidder's  name  must  be  inserted  here.  If  the  bid  is  submitted 
by  a  corporation,  the  full  legal  title  must  be  given  here  and  a  certified 
copy  of  the  certificate  of  incorporation  must  be  submitted,  together  with 
an  affidavit  showing  the  amount  of  stock  paid  in  in  cash  and  the  names 
and  addresses  of  the  directors  and  principal  officers.  If  the  bidder  be  a 
foreign  corporation,  proof  must  also  be  submitted  of  its  authority  to 
transact  business  in  the  State  of  New  York.  In  case  the  bidder  has 
already  filed  such  papers  with  the  Commission  in  connection  with  another 
bid  he  may  so  state  and  omit  such  papers  in  this  instance.  If  the  bid  is 
submitted  by  a  firm,  the  above  blank  must  be  filled  in  in  the  following 
form,  "the  firm  of  A.  B.  &  Co.,  composed  of  A.,  B.,  C,  D.,  etc."  (giving 
the  names  of  all  the  partners). 

102 


CONTRACTOR  S     PROPOSAL 


Classification 


For  earth  excavation,  both  above  and 
below  mean  high  water,  including 
the  disposal  of  it,  etc.,  per  cubic  yd. . 

For  rock  excavation,  including  the 
disposal  of  it,  etc.,  per  cubic  yd 

For  concrete  masonry,  in  place,  per  cu- 
bic yd 

For  timber  foundations,  placed  and 
fastened,  per  thousand  ft.  B.  M.... 

For  broken  stone  or  gravel,  in  place, 
other  than  that  used  in  concrete,  per 
cubic  yd : 

For  vitrified  or  cast-iron  drain  pipe,  in 
place,  as  follows: 

(a)  For  12-inch  vitrified  pipe,  per  lin- 
eal ft 

(b)  For  10-inch  vitrified  pipe,  per  lin- 
eal ft 

(c)  For  8-inch  vitrified  pipe,  per  lin- 
eal ft 

(d)  For  6-inch  vitrified  pipe,  per  lin- 
eal ft 

(j)  For  15-inch  vitrified  pipe,  per  lin- 
eal ft -.. 

For  cast-iron  pipe  and  fittings,  includ- 
ing specials,  "extra  heavy,"  in  place, 
as  follows : 

(c)  For  6-inch,  per  lineal  ft 

(f )  For  12-inch,  per  lineal  ft 

For  steel  rods  and  bars  built  in  con- 
crete, per  ton 

For  miscellaneous  iron  castings,  such 
as  manhole  heads  and  covers,  grat- 
ings, etc.,  in  place,  per  ton 

For  street  surface  restored,  as  fol- 
lows: 

(h)  For  all  surfaces  of  whatever  char- 
acter, as  required  by  Section  No. 
139,  per  square  yd 

(o)  For  restoring  old  curb,  as  re- 
quired by  Section  No.  139,  per  lineal 
ft.  


Unit  Price 


Estimated 
Approxi- 
mate 
Quantities 


This  column 

not  to  be 

used  by 

Bidder 

Amount 


6,600 

100 

55 

2 

20 

1,600 

400 

1,700 

1,900 

900 


700 
25 


150 
100 


103 


CONTRACTOR  S    PROPOSAL 

(£)  If  this  Proposal  is  accepted  and  the  proposed  contract 
consented  to  by  the  Board  of  Estimate  and  Apportionment,  the 
undersigned  will  within  three  (3)  days  after  the  delivery  of 
notice  attend  at  the  office  of  the  Commission,  in  person  or  by  duly 
authorized  representative,  and  will  then  and  there  deliver  the 
contract  with  the  City  in  the  form  aforesaid  duly  executed  and 
with  its  execution  duly  proved;  and  the  undersigned  will  at  the 
same  time  deliver  to  the  Comptroller  of  the  City  pursuant  to  the 
terms  of  said  contract  a  bond  in  the  sum  of  three  thousand  dol- 
lars ($3,000)  in  the  form  annexed  hereto  and  made  a  part  hereof 
with  the  following  named  sureties,  or,  in  the  event  that  the  fol- 
lowing named  sureties  or  any  of  them  shall  not  be  approved  by 
the  Commission,  with  such  other  sureties  as  the  Commission  shall 
approve:  * 


It  is  understood  that  the  acceptance  of  this  Proposal  by  the 
Commission  shall  not  be  construed  as  an  approval  of  the  sureties 
or  securities  named  in  this  Proposal,  and  in  case  the  sureties  or 
securities  named  in  this  Proposal  are  not  approved  by  the  Com- 
mission, the  undersigned,  within  three  (3)  days  after  notice  of 
disapproval  or  within  such  further  period,  if  any,  as  may  be 
prescribed  by  the  Commission,  shall  substitute  the  names  of  other 
sureties  or  securities  approved  by  the  Commission. 

(3)  If  the  Commission  shall  notify  the  undersigned  that  this 
Proposal  is  accepted  and  that  the  proposed  contract  is  consented 
to  by  the  Board  of  Estimate  and  Apportionment,  then  if  the 
undersigned  shall  fail  within  three  (3)  days  thereafter  or  within 

*  The  bidder  may,  under  the  Rapid  Transit  Act,  upon  the  approval 
of  the  Commission,  deposit  cash  or  securities  in  lieu  of  a  bond ;  and 
the  bidder,  if  desirous  of  so  doing,  shall  so  state  here  and  shall  strike 
out  the  wdrds  in  italics  and  shall  insert  in  the  Schedule  of  Securities 
following  the  description  of  the  securities  proposed  to  be  deposited.  If 
securities  are  to  be  deposited,  they  must  be  securities  which  are  lawful 
for  the  investment  of  funds  of  saving  banks  within  the  State  of  New 
York,  and  must  be  approved  by  the  Commission.  If  a  bond  is  to  be 
delivered,  the  names  of  the  proposed  sureties  shall  be  inserted  here. 

104 


CONTRACTORS    PROPOSAL 

such  further  period,  if  any,  as  may  be  prescribed  by  the  Commis- 
sion to  execute  and  deliver  the  contract  or  to  execute  and  deliver 
the  said  bond  or  to  make  the  said  deposit  in  cash  or  securities,  the 
undersigned  may,  at  the  option  of  the  Commission,  be  deemed 
either  to  have  made  the  contract  or  to  have  abandoned  the  con- 
tract. And  in  the  latter  case  the  Commission  may  give  notice 
thereof  to  the  undersigned  and  may  thereupon  proceed  to  make 
another  contract  with  such,  if  any,  of  the  original  bidders  as, 
in  the  opinion  of  the  Commission,  it  will  be  to  the  best  interests 
of  the  City  to  contract  with  or  may  by  new  advertisement  invite 
further  proposals,  and  the  undersigned  shall  thereupon  be  liable 
to  the  City  for  all  loss  and  damage  sustained  by  the  City  by 
reason  of  such  failure  of  the  undersigned.  .  Inasmuch  as  the 
amount  of  such  loss  and  damage  will  be  extremely  difficult  to 
ascertain,  it  is  expressly  understood  and  agreed  that  such  loss 
and  damage  shall  be  liquidated  and  paid  as  follows :  The  under- 
signed shall  pay  to  the  City  the  expense  of  such  new  advertise- 
ment, if  any,  and  in  addition  thereto  the  sum  of  fifty  dollars 
($50)  for  each  and  every  day,  except  Sundays  and  legal  holidays, 
that  the  City  shall  be  delayed  in  entering  into  a  contract  for  the 
construction  of  said  Storm  Drain  by  reason  of  such  failure  of 
the  undersigned  and  in  addition  thereto  the  excess,  if  any,  of  the 
amount  of  the  bid,  calculated  from  the  quantities  and  prices  con- 
tained in  the  proposal,  which  the  City  shall  accept  and  upon  which 
it  shall  enter  into  a  contract  for  the  construction  of  said  Storm 
Drain  over  the  amount  of  the  bid,  calculated  from  the  quantities 
and  prices  contained  in  this  Proposal,  of  the  undersigned ;  which 
sums  are  hereby  agreed  upon  not  as  a  penalty  but  as  liquidated 
damages  which  the  City  will  suffer  by  reason  of  such  failure  of 
the  undersigned.  And  the  Invitation  to  Contractors  and  the  In- 
formation for  Contractors  and  this  Proposal  shall  constitute  a 
contract  binding  the  undersigned  to  pay  to  the  City  the  loss  and 
damage  sustained  by  the  City  by  reason  of  such  failure  of  the 
undersigned,  as  aforesaid. 

(4)  At  the  time  of  delivering  this  Proposal  to  the  Commis- 
sion the  undersigned  will  separately  deliver  a  certified  check  pay- 
able to  the  order  of  the  Comptroller  of  the  City  for  the  sum  of 

105 


CONTRACTOR'S  PROPOSAL 

one  thousand  dollars  ($1,000).  And  the  undersigned  hereby 
assigns  to  the  City  the  said  sum  so  specially  deposited  by  the 
delivery  of  such  certified  check  as  security  for  the  performance 
of  the  obligations  of  the  undersigned  under  this  Proposal.  It  is 
understood  that  such  check  is  to  be  returned  to  the  undersigned 
when  the  contract  for.  the  construction  of  said  Storm  Drain  is 
executed  and  its  provisions  in  respect  of  the  bond  or  deposit  are 
complied  with,  unless  all  the  proposals  submitted  in  response  to 
said  Invitation  to  Contractors  shall  be  rejected  by  the  Commis- 
sion, and  in  that  case  when  such  proposals  are  rejected,  as  pro- 
vided in  the  Information  for  Contractors.  In  case  the  under- 
signed shall  default  in  the  performance  of  any  of  the  obligations 
of  the  undersigned  under  this  Proposal,  the  City  shall  have  the 
right  to  apply  the  amount  so  specially  deposited  or  so  much 
thereof  as  may  be  necessary  as  a  payment  on  account  of  the  dam- 
ages sustained  by  the  City  by  reason  of  such  default  as  aforesaid 
and  shall  return  the  balance,  if  any,  to  the  undersigned.  If  the 
amount  of  such  damages  shall  exceed  the  amount  of  said  sum  so 
specially  deposited,  the  undersigned  shall  promptly  upon  demand 
from  the  Commission  pay  the  amount  of  said  excess  to  the  City. 

(5)  A  notice  .that  this  Proposal  has  been  accepted  and  that 
the  said  contract  has  been  consented  to  by  the  Board  of  Estimate 
and  Apportionment  addressed  to  the  undersigned  by  the  Commis- 
sion as  aforesaid  shall  forthwith,  at  the  option  of  the  Commis- 
sion, operate  as  against  the  undersigned  as  a  complete  making  of 
a  contract  according  to  the  form  thereof  as  aforesaid,  with  the 
blanks  therein  contained  filled  in  according  to  this  Proposal. 

(6)  The  Commission  may  cause  any  notice  intended  for  the 
undersigned  to  be  delivered  at  Room  No.  on  the 

floor  of  the  building,  No. 

in  the  Borough  of  in  the  City  of  New  York. 

Such  delivery  shall  be  sufficient  notice  to  the  undersigned. 

(7)  There  are  no  persons  interested  with  the  undersigned  in 
this  Proposal,  except  * 

*  Here  insert  the  names  and  addresses  of  all  persons  interested  with 
the  bidder.     If  there  are  no  such  persons  strike  out  the  word  ''except." 

106 


CONTRACTOR  S    PROPOSAL 

(8)  This  Proposal  is  made  without  any  connection  with  any 
other  person  making  a  proposal  or  bid  for  the  same  purpose  and 
is  in  all  respects  fair  and  without  collusion  or  fraud.  No  mem- 
ber of  the  Board  of  Aldermen,  head  of  department,  chief  of 
bureau,  deputy  thereof  or  clerk  therein  or  other  officer  of  the 
City  or  any  member  or  employee  of  the  Commission  is  interested 
directly  or  indirectly,  as  contracting  party,  partner,  stockholder 
or  otherwise,  in  or  in  the  performance  of  the  contract  or  in  the 
supplies,  work  or  business  to  which  it  relates  or  in  any  portion 
of  the  profits  thereof. 

Datedt  1915. 


fThe  bidder  must  sign  his  proposal  on  this  page. 


107 


CONTRACTOR'S  PROPOSAL 
SCHEDULE  OF  SECURITIES 

(Note. — If  the  bidder  desires  not  to  give  a  bond,  but  to  deposit 
securities  in  lieu  thereof,  a  description  of  the  securities  to  be 
deposited  for  that  purpose  must  be  inserted  below. 

All  securities  when  delivered  must  be  payable  to,  or  run  in 
favor  of,  or  be  transferred  to,  the  Comptroller  of  The  City  of 
New  York.) 


108 


CONTRACTOR  S    PROPOSAL 

Affidavit  of  Verification 


STATE  OF  NEW  YORK,          \ 
City  and  County  of  New  YorkJ 

being  duly 
sworn,  says:  I  am* 

the  proposing  Contractor  above  named.     I  have  read  the  fore- 
going proposal.    The  same  is  in  all  respects  true. 

Sworn  to  before  me  this| 
day  of  ,  1915J 


*  If  the  bidder  be  an  individual,  do  not  fill  this  blank ;  if  the  bidder 
be  a  firm,  here  say,  "a  member  of  the  firm  of  "; 

if  a  corporation,  say  "the    (President  or  other  officer  duly  authorized) 
of  the  Company." 

109 


YCIOI2IO 


IV259759 


THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


